The URL can be used to link to this page

Browse Search

Home My WebLink About20051334.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13, ACCEPT TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - ROXY VENDENA WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Road 13 and Temporary Construction Easement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works,and RoxyVendena, 5520 Harlan Street, Arvada, Colorado 80002, with terms and conditions being as stated in said agreement and easement, and WHEREAS, after review, the Board deems it advisable to approve said agreement and easement, copies of which are attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Road 13 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Roxy Vendena be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County that the Temporary Construction Easement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Roxy Vendena be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to sign any necessary documents. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 2nd day of May, A.D., 2005. 2005-1334 EG0052 00 : Pm-) /9PPL� FL Os-moo o� PURCHASE OF ROW FOR IMPROVEMENTS TO WCR13 - ROXY VENDENA PAGE 2 E IL, S BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ` 1 v (a6, VP- $1 � a, e l-,,.1= J, William H. er , Chair ea., Clerk to the Board w M. J. t• i :, Pro-Tern BY: ir1,c- Deputy Clerk to the Board C cAck C CQ D id E. Long k1/4F9 �F�AS E}1 Robe D. Mas en ounty Attorney �� Glenn Vaad Date of signature: 2005-1334 EG0052 MEMORANDUM CTO: Clerk to the Board DATE: April 25, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Agreement Concerning Purchase of Right-of-Way for Certain Improvements and Exhibit B, Temporary Construction Easement, for WCR 13 with Roxy F. Vendena. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M-\rrancie Agend-Leon.doc 2005-1334 121 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN ROXY F. VENDENA AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /L day of A fi, L ,2005,by and between Roxy F. Vendena, whose address is 5520 Harlan Street, Arvada, Colorado 80002, hereinafter referred to as "Owner", and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10th Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 13, and WHEREAS, Owner owns the property described in the attached Exhibit "A", hereinafter referred to collectively as "Right-of-Way", and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described on Exhibit "A", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of Sixteen Thousand Eight Hundred Fifty Two and no/100 ($16,852.00) dollars. This consideration is being offered in lieu of condemnation Page 1 of 3 Pages 11111111111111111111111111111111111111 III 11111 IIII 1111 3285127 05/11/2005 01:32P Weld County, CO 1 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder CCS /SSY 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free and clear of all encumbrances,except existing easements. Owner shall retain the mineral estate under the Right of Way, including oil and gas, and shall also retain any water rights currently attached or associated with the Right of Way. 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,promise,or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery of the documents of conveyance,it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Right-of-Way for the purpose of said rebuilding and improvement project.Date of payment of compensation is the date of delivery of the Deed of Dedication. 6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 2005 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represents and warrants that all general taxes levied prior to such year have been paid in full by Owner. 8. Owner will grant County a Temporary Construction Easement to remove the existing berm and construct a new earthen berm immediately west of the new right-of-way line. County will construct the berm five feet in height and in the same general size and shape of the existing berm. The berm will end approximately 1600 feet north of the entrance driveway or immediately south of the existing drainage way which is located approximately 280 feet south of Weld County road 8. Owner will grant said Temporary Construction Easement by using substantially the Temporary Construction Easement form attached herein as Exhibit"B". County will reimburse the Owner the sum of$1156.00 for the execution of this Temporary Construction Easement. Page 2 of 3 Pages 11111111111111111VIIIVIII111111111111IIIVIIIIIIIIIII 3285127 05/11/2005 01:32P Weld County, CO 2 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 9. Owner will not restrict the flow of storm water across Owners property which is being discharged from the culvert pipes being reconstructed under the new roadway located approximately 280 feet south of Weld County road 8. Owner may install storm water drain pipes,at Owners expense,across Owners property to accommodate the storm water if they are of sufficient size as to not inhibit the flow of the storm water. 10. County will reimburse the Owner the sum of $1250.00 for the relocation of the existing entrance gate. The gate will be moved westerly to the new right-of-way line or further,at the Owners preference. The gate will be relocated prior to the beginning of construction. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. V i_ Roxy F. endena, Owner 1861 AC11°..I E ,/�� BOARD OF COUNTY COMMISSIONERS '5' J�� OF WELD COUNTY, STATE OF our O COLORADO ®p ty Clerk to the Board By: GL 7.--.- BY: -71.,-,, /✓ I Deputy Clerk to a Board William H. Jerke, Chairman MAY 0 2 2005 Page 3 of 3 Pages 111111111111111 1 1 11111 11111 111111111111 I I 11111111111111 3285127 05/11/2005 01:32P Weld County, CO 3 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-I6.DOC SHEET I OF 2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 01989386,WELD COUNTY PUBLIC RECORDS,LOCATED IN THE NORTHEAST QUARTER OF SECTION 24,TOWNSHIP 1 NORTH,RANGE 68 WEST OF THE 6'14 PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS. BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 24 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS: -THE EAST QUARTER CORNER OF WHICH BEING A 2"ALUM CAP, L.S. 25937. -THE NORTHEAST CORNER OF WHICH BEING A 2.5"ALUM CAP,L.S 28258. COMMENCING AT SAID EAST QUARTER CORNER OF SECTION 24; THENCE N 89°52'30"W ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 24 A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE N 00°06'35"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 738.68 FEET TO THE POINT OF BEGINNING; THENCE S 89°53'25"W A DISTANCE OF 30.00 FEET TO A POINT 30 FEET WESTERLY AND PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 13; THENCE N 00°06'35"W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13,A DISTANCE OF 1882.35 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8; THENCE S 89°25'56"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET TO A POINT ON THE INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8; THENCE S 00°06'35"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1,882.00 FEET TO THE POINT OF BEGINNING; CONTAINING 56,468 SQ.FT. OR 1.2963 ACRES MORE OR LESS. I,CHRISTOPHER H.McELVAIN,A SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. E \‘ It of • CHRISTOPHER H. McELVAIN,PROFESSIONAL LAND SURVEYOR % G'. /cr COLORADO REGISTRATION NO.36561, :r 36561 n. P FOR AND ON BEHALF OF ij . z yQ JeHN ENGINEERING,INC. tlf eifir:14t. 5855 WADSWORTH BYPASS#A-100 tl`r 5re J`� ARVADA, CO. 80003 tl `L t 1111111 11111 11111 11111 11111 11111 1111111 III 11111 11111111 3285127 05/11/2005 01:32P Weld County, CO 4 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder FE CDR SEC B24 A r X H I r�� I I I\ /I /A h IA FOUND #6 REBAR 1` / \ I I V V WITH 2 ALUM. CnP LS 2 LS 26256,8, 1999 VICE I S8613.85'E __ ///'''�� /.,.y� W CI e_ 589'36'9"E SHEET 2 OF 2 2613.85' 11 7 2571.90 N1/4 COR SEC 24 S 89'25'56 E " FOUND #6 REBAR 30.00' 30 610 3D FOUND #6 REBAR N1/4 COR SEC 19 . WITH 2' ALUM. CAP LS 24305, 2001 WITH 2-1 ALUM. CAP LS 28656,, 1993 I ¢2 r 2 I • N W W m Z ' F 0 O U I 6 PARCEL 16 � O.N. FC25031293 • i 146724000037 (4 E p :_ ROXY F. VENDENA - $ 5520 HARLAN ARVADA, CO. 80002 .• ;• REC. NO. 01989386 NO SITE ADDRESS 0 150 300 i RICHARD S. RALPH • 1 INCH = 300 FEET N DATE: 9.1.04 I == r =-a Zail' ADDITIONAL RIGHT-OF-WA�: a'_ __�'-�•' -•: ACQUISITION 56,468 S.F. J '^_ "�'� �S1111 3aj //�'1I Y•• �H••'• ,' of �•j / Cx :j >: i‘)3,,)- 1 1 LA s Bawls* W � _.____ • �— ao.oG' I LOT 1 MOUNTAIN VIEW ESTATES MINOR SUBDIVISION PLAT NOTE: I THIS IS NOT A LAND SURVEY PLAT OR POINT OF IMPROVEMENT SURVEY PLAT. NO MONUMENTS BEGINNING m I WERE SET FOR THE PREPARATION OF to THE ATTACHED LEGAL DESCRIPTION. n BRAD A. LINKUS DEBRA DORMAN EXHIBIT MAP A r I WELD COUNTY ROAD 13 30 60'j '.. - a BOXY F. VENDENA NE 1/4 SEC 24, TIN., R.68W. 6TH PM, n ., COUNTY OF WELD, STATE OF COLORADO • ACQUISITION AREA 56,468 S.F. _ o E1/4 COR SEC 19 = FOUND #6 REBAR 8.27.04 DEED DESCRIPTION WITH 3-1/4' ALUM. CAP LS 7242, 1994 JN. 1528-03-070.01 307O-DD-16 N 89'52'30' W 30.00' 11 Je- H N NB9'52'}0'W 2624.35' S89'44.46'E SOUTH LINE POINT OF 5235.43' �I 7±:."--'1a."--- D_-_ OF THE NORTHEAST QUARTER F1UN COR SEC REBAR OF SEC 24 COMMENCEMENT11/4DRS2 ENGINEERING .1_• FOUND COR SEC R WITH 2" ALUM. CAP FOUND #6 REBAR LS 25937, 1997 WITH 2" ALUM. CAP DEBRA DORMAN 5655 wa0SW09w BYPASS,A-100 LS 25937, 1997 ARVADA 0060003 � JOHN P. WDLKEN' '- — "10311 423-6036 FAX(303)467-9438 I 111111 11111 11111 11111 11111 11111 1111111 III 11111 1111 1111 EHNINGINEERING.CDM 3285127 05/11/2005 01:32P Weld County, CO 5 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Roxy F. Vendena, whose address is 5520 Harlan Street, Arvada, Colorado 80002, Grantor and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10th Street Greeley, Colorado 80631, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for the relocation of an earthen berm, in and to, over, under and across the following described land: SEE EASEMENT EXHIBIT "A" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: 1. Said Temporary Construction Easement shall commence on June 1, 2005, and shall expire and be of no further force or effect on May 31, 2006 or the end of road construction, which ever comes first. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement, the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. 5. Grantee will reimburse Grantor the sum of One Thousand One Hundred Fifty Six and no/100 ($1156.00) dollars for the execution of this Temporary Construction Easement. - 1 - 1111111 -1111111111 11111 1111111111111111111111111111 IIII IIII 3285127 05/11/2005 01:32P Weld County, CO 6 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. Roxy F: endena, Owner STATE OF COLORADO ) )ss COUNTY OF uu at-:D ) The foregoing instrument was acknowledged before me this RR day of h-p r. , 2005, by Dratitt—L-infurs, Owner. 201 m F. Us.Oe.A Witness my hand and official seal. ( e �� Notary Public My commission expires: o8-ob-0S 'MAW&AV °wnpaanYA.. O ..vr� $ LEON W SIEVERS $ NOTARY PUBLIC $ STATE OF COLORADO $ warr.vrv.rww,rw^rrrri.nrra,ay e \>, r4414 , .. ,: ` TEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose t `� �� G, _ COUNTY OF WELD, STATE OF t� �j COLORADO, GRANTEE gyz 77F-Y Deputy Clerk to the Board William H. Jerke, Chairman, Board of County Commissioners. MAY 0 2 2005 - 2 - I II'ND 11111 VIII VIII VIII VIII EH III VIII IIII IIII 3285127 05/11/2005 01:32P Weld County, CO 7 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder (*COS —/33 / EASEMENT EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION 1528-203-070.01 3070-CE-16-1.DOC(rev 2.25.05) SHEET 1OF2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 01989386,WELD COUNTY PUBLIC RECORDS,LOCATED IN THE NORTHEAST QUARTER OF SECTION 24,TOWNSHIP 1 NORTH,RANGE 68 WEST OF THE 6r"PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS. BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 24 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS: • -THE EAST QUARTER CORNER OF WHICH BEING A 2"ALUM CAP, L.S. 25937. -THE NORTHEAST CORNER OF WHICH BEING A 2.5"ALUM CAP, L.S 28258. COMMENCING AT SAID EAST QUARTER CORNER OF SECTION 24; THENCE N 89°52'30"W ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 24 A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE N 00°06'35"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 738.68 FEET; THENCE S 89°53'25"W A DISTANCE OF 30.00 FEET TO A POINT 30 FEET WESTERLY AND PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 13; THENCE N 00°06'35"W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13,A DISTANCE OF 27.93 FEET TO THE POINT OF BEGINNING THENCE S 89°53'25"W A DISTANCE OF 25.00 FEET; THENCE N 00°06'35"W A DISTANCE OF 1550.00 FEET; THENCE N 89°53'25"E A DISTANCE OF 25.00 FEET TO A POINT 30 FEET WESTERLY AND PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 13; THENCE S 00°06'35"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1550.00 FEET TO THE POINT OF BEGINNING; 38,750 SQ.FT.OR 0.8896 ACRES MORE OR LESS. I, CHRISTOPHER H. McELVAIN, A SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. E � R CHRISTOPHER H.MCELVAIN, �. PROFESSIONAL LAND SURVEYOR 9 m COLORADO REGISTRATION NO.36561, / 36 1 a; FOR AND ON BEHALF OF _ JeHN ENGINEERING, INC. J 5855 WADSWORTH BYPASS#A-100 ‘);,;4 ARVADA, CO. 80003 / LAND I HMI 11111 VIII VIII VIII HI EN III VIII IIII IIII 3285127 05/11/2005 01:32P Weld County, CO 8 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder FOUND p6"REBAR L-- /\ I IILJI I I V I / \ I / WITH 2 1/2" ALUM. CAP LS 28258. 1999 589'25'56"E 0 V9C H 88 589'36.57'E SHEET 2 OF 2 2613.85' 2571.90' 30 6D'I30' N1/4 COR SEC 24 NI/4 COR SEC 19 FOUND #6 REBAR WITH 2-1/2" ALUM. CAP FOUND #6 REBAR LS 24305, 2001 WITH 2-1/2" ALUM. CAP LS 28656, 1993 N 8953'?5' E 25.00 I! H Di o I;I K PARCEL 16 _r O.N. FC25031293 I It 1 146724000037 g 'Ig c ROXY F. VENDENA L„$ 0 5520 HARLAN —IIg3 C ARVADA, CO. 80002 I;_IN,N REC. NO. 01989386 ll 'o n s m NO SITE ADDRESS r:•I Pn 2 I I E. RICHARD S RALPH II I<,I ≤ N 0 150 300 II o< Q Il " lionm I < TEMPORARY a ¢ 1 INCH = 300 FEET CONSTRUCTION t.. EASEMENT I O< ;38,750 S.F. DATE: 224.05 'ni„_ PI in Ig 3 ca. o $V in o ill = I' 8 I' yy�� II z R . z � ANH v mEA:EL1 AND 'r:+ 1 r .r 36561 r: II V - 'o- I I s' /5 6‘./N ; s 8953'?�5' W��Ir�;I POINT OF1�1/;1 - 25.00 yt1,1�--- BEGINNING LOT 1 _ / N 00'06'35" W/ `� MOUNTAIN VIEW ESTATES MINOR ON PLAT NOTE: 27.93' THIS IS NOT A LAND SURVEY PLAT OR 5 89'53'25" W IMPROVEMENT SURVEY PLAT. NO MONUMENTS 30.00' -Do '.. WERE SET FOR THE PREPARATION OF m THE ATTACHED LEGAL DESCRIPTION. n N BRAD A. LINKUS DEBRA DORMAN EXHIBIT MAP A 30 60' C WELD COUNTY ROAD 13 BOXY F. VENDENA NE 1/4 SEC 24, T.1N., R.68W. 6TH PM, COUNTY OF WELD, STATE OF COLORADO lo EASEMENT AREA 38,750 S.F. PROPOSED _ _ _c E1/4 COR SEC 19 CONSTRUCTION = FOUND #6 REBAR TEMPORARY CONSTRUCTION EASEMENT EASEMENT WITH 3-1/4" ALUM. CAP LS 7242, 1994 JN. 1528-03-070.01 3070—CE-16-1 N 89'52'30" W '1,t 30 00' __ J e H N N89'52'30"W 2624.35' JI 589'44'46"E T SOUTH LINE 5235.43' �'� p _ D-= OF THE NORTHEAST QUARTER POINT OF L _ C1/4 CDR SEC 24 OF SEC. 24 COMMENCEMENT FOUND #6 REBAR E1/4 COR SEC 24 j_ ENGINEERING J. WITH 2' ALUM. CAP FOUND $6 REBAR _;_LI1�_x LS 25937, 1997 NTH 2" ALUM. CAP Art 5955 WAOSN9RIH BYPASS,A-100 i� nza:o mw DEBRA DORMAN r ARVA➢A,CO 80303 JOHN WDLKENH EKG)4234336 FAX HIED 11111 VIII VIII VIII VIII IIIIIII III 11111 IIII lit PVMW.JEHNENGINEERINGCOMd0939 3285127 05/11/2005 01:32P Weld County, CO 9 of 9 R 0.00 D 0.00 Steve Moreno Clerk 8i Recorder 804 DEED OF DEDICATION 515 KNOW ALL MEN BY THESE PRESENTS that ROXY F. VENDENA, 5520 Harlan Street, Arvada, CO 80002, being all of the owners of certain property in Weld County, Colorado which is described in the attached Exhibit "A", do hereby dedicated forever said property as parts of a public highway, pursuant to Colorado Revised Statute 43-2- 201(1)(a), free and clear of all liens and encumbrances, except the existing easements and wan-ants title to the same. EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way, including oil, gas an any and all water rights currently attached or associated with the Roxy F. Yoh ena S.' State of Colorado) ) ss: County of ),ersOn The foregoing instrument was acknowledged before me this (P day ofJtt2005 by: Roxy F. Vendena �d Witness my hand and official seal. " � beitocca ,,�,8usr ,m Notary Public My commission expires: V,41 act 4 ' •-...-=pPr' OFCO , inn Epdres 1/0412009 ,J1111-1111111 III I 1111111111 III II III I I I 3307834 07/29/2005 02:42P Weld County, CO 1 of 2_R 0.00 0 0.00 Steve Moreno Clerk & Recorder _ IIIIII 11111 1111111 iiii 11111111 3313575 08/16/2005 04:15P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Cocf As,* 1-25-b5 _- -_ - - ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above dedication of property as Public Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). , � I ` ` Dated this 11- day of 2005. I 1861 ��4 I .`-*-4 ( % -=im COUNTY OF WELD, A BODY `� ° L,,'��+.�, O THE BOARD OF COPRORATE AND POLITIC OF ailg' COMMISSIONERS THE STATE OF COLORADO N% I'Sc' -E COUNTY OF ELD �j ; By: BYJa1� !C r�� Deputy Clerk to the Boar BOARD OF COUNTY COMMISSIONERS OF THE OF THE COUNTY OF WELD (apse( 5/a/aco5) STATE OF COLORADO) )SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I8 day of , 2005 by IYI T.Alsi•03, CpcdAratcrorBoard of County Commissioners of the County o Weld. Witness my hand and official seal. Spey ......C MEUNDA 1 a Notary Public GUALANDRI i / My commission expires: t Q• 'Toy qlF µo Commission *Ovee:___ ,__— J III IIIII IIII IIIIII IIIIIII IIIII III IIII 07834 07/29/2005 02:42P Weld County, CO 2 of 2 R 0.00_D0.00 Steve Moreno Clerk.& Recorder _ 111111 IIIII IIIII IIIII 1111111 III 1111111 III IIIII IIII IIII 3313575 08/16/2005 04:15P Weld County, CO 4 of -4_R 0.00 D 0.00_ Steve Moreno Clerk& Recorder 1e" -/3J-9 EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-16.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 01989386,WELD COUNTY PUBLIC RECORDS,LOCATED IN THE NORTHEAST QUARTER OF SECTION 24,TOWNSHIP 1 NORTH,RANGE 68 WEST OF THE 6'"PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS. BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 24 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS: -THE EAST QUARTER CORNER OF WHICH BEING A 2"ALUM CAP, L.S.25937. -THE NORTHEAST CORNER OF WHICH BEING A 2.5"ALUM CAP,L.S 28258. COMMENCING AT SAID EAST QUARTER CORNER OF SECTION 24; THENCE N 89°52'30"W ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 24 A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE N 00°06'35"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 738.68 FEET TO THE POINT OF BEGINNING; THENCE S 89°53'25"W A DISTANCE OF 30.00 FEET TO A POINT 30 FEET WESTERLY AND PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 13; THENCE N 00°06'35"W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13,A DISTANCE OF 1882.35 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8; THENCE S 89°25'56"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET TO A POINT ON THE INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8; THENCE S 00°06'35"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1,882.00 FEET TO THE POINT OF BEGINNING; - CONTAINING 56,468 SQ.FT. OR 1.2963 ACRES MORE OR LESS. I,CHRISTOPHER H.McELVAIN,A SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. �} 1. . IIt . e111,' P • ;, CHRISTOPHER H.McELVAIN,PROFESSIONAL LAND SURVEYOR '' COLORADO REGISTRATION NO.36561, / .= 36561 >: FOR AND ON BEHALF OF y c• ' �o JeHN ENGINEERING,INC. t1e Fs•.filry'4' ARVADA,CO. 800035855 WADSWORTH BYPASS#A-100 �► ,,\ ;;•� 0 -r HMI 111111111111111111111111 I I 11111111 11111111 It I I III 3313575 08/16/2005 04:15P Weld County, CO '-2 °L_4 R_0.00 D-0.00_Steve_Moreno_Clerk& Recorder "" NE CDR 6SEC 24 REBAR L /K I I I Ii I I I V I / f /--j FOUND 1 REBAR , \ V ' ` I WITH 2 8, ALUM. CAP LS 28258, 1999 S89'2556'E ^ t_ci - W© 6_ 589'36'5]'E SHEET 2 OF 2 �— 2613.85' / I\ - 2571.90' --- -- N1/4 COR SEC 24 S 89'25'56. E FOUND 6 REBAR 30.00' Ni/4 COR SEC 19 fl }B '30 FOUND g6 REBAR WITH 2-1/2' ALUM. CAP N4TH 2-1/2' • LALUM. CAP LS 24305, 2001 LS 28656, 1993 SIN I , • Wm ' I Z I I. N a a • 6 Z • O f C I.PARCEL 16 E� a a O.N. FC25031293 i a O K 146724000037 c F n s ROXY F. VENDENA R a 5520-HARLAN__ - • ARVADA, CO. 80002 v� I =8 2 REC. NO. 01989386 z 0 150 300 a a 22 at NO SITE ADDRESS m c RICHARD S. RALPH 2 liall! to 1 INCH = 300 FEET I a'n°'in --"r-y - o DATE: 9.1.04 =o n I a o Imo; a p I}' I"'�¢ u)o ACOADDMONAL UISITION 88,468 S.F.A' 'I/�:; o a • I,R�""* Y1 mmi 0.1 I m o mr II ro RV 'Vino, /liti ' I� CC • 8:: r / w"� E to I in : IS ire �:. , —in . � .� . ; 1 :: "i Cho M•R[ n PAP4 FD I, cAfTrM AM1DRP' P.ON CO °444...‘ I s•yl ,. I\ _ <7, S.:G •10 1 1 Ff .N- ,... ... u -- c0 0. 8 J!( ! 8 w CR .tip tI�1+� �. _._ S 59453".p. W LOT 1 - . ��rrr--- MOUNTAIN VIEW ESTATES MINOR SUBDIVISION PLAT NOTE: THIS IS NOT A LAND SURVEY PLAT OR POINT OF IMPROVEMENT SURVEY PLAT. NO MONUMENTS BEGINNING ID WERE SET FOR THE PREPARATION OF m THE ATTACHED LEGAL DESCRIPTION. BRAD A. LINKUS • DEBRA DORMAN EXHIBIT MAP A 30 �, WELD COUNTY ROAD 13 BOXY F. VENDENA a NE 1/4 SEC 24, T.1N., R.68W. 6Th PM, M COUNTY OF WELD, STATE OF COLORADO io ' E1/a COR sec w ACQUISITION AREA 56,468 S.F. z FOUND B6 REBAR 8.27.04 I DEED DESCRIPTION • PATH 3-1/4' ALUM. CAP • LS 7242, 1994 JN. 1528-03-070.01 I 307O-DD-16 I N89.52'30' W I 30.00' �\ ir N89'5SOUTH 2624.35' !_ 589'44'46_E _\ J e H N_ mow - SOUTH LINE DINT -—- 5235.43' ! _:,_ OF THE NORTHEAST QUARTER MCOR S EN21.4 I ENGINEERING �e C1/4 COR SEC 24 OF SE AST FOUND N6 REBAR E1 4 COft SEC 24 _ WITH 2` ALUM. CAP I FOUND #6 REBAR _' LS 25937, 1997 WITH 2" ALUM. CAP VIII 5855 WADSWORTH BYPASS.A-100 I LS 25937, 1997 DEBRA DORMAN ARVADA 0080093 JOHN P. WOLKENI PH.(383)423-6036 FAX(3a3)467-9438 ! WWWJFHNENGINEEBING.EOM rillLAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT 4617 W 20TH ST#2B "PURCHASERS" GREELEY, CO 80634 Land Title GOd0.ANT EE COMPANY PROPERTY ADDRESS: VACANT LAND SELLER(S) : ROXY F. VENDENA BUYER(S) : COUNTY OF WELD, A BODY CORPORATE AND POLITIC SETTLEMENT DATE: July 15, 2005 DATE OF PRORATION: July 15, 2005 ITEM DESCRIPTION Debit Credit Sales Price 16,852. 00 V Alta Owners Policy 10-17-92 193. 00 Tax Report LAND TITLE GUARANTEE COMPANY 20. 00 Miscellaneous Credit LAND TITLE GUARANTEE COMPANY 193. 00 Current Property Taxes 01/01/05-07/15/05 O $0. 1102 21. 48 Closing Fee LAND TITLE GUARANTEE COMPANY 200. 00 TEMPORARY CONSTRUCTION EASEMENT 1,156. 00 ENTRANCE GATE RELOCATION 1,250. 00 **** SubTotals **** 19, 671. 00 214. 48 Due From Buyer/Borrower 19,456. 52 Totals 19, 671. 00 19, 671. 00 The above figures do not include sales or use taxes on property. APPROVED AND ACCEPTED PURCHASER(S) : REAL ESTATE BROKER(S) COUNTY OP MELD, A B DY CORPORATE AID POLITIC By: �1 / M. .7. MILS, CHAIR PRO-TEM LAND �TITLE c�CLOSING AGENT: 1 / LO Melinda Gualandri ESCROW NO. : GR25031293 COMMITMENT NO. : PC25031293 Form 347 LTO1 The printed portion of this form is approved by the Colorado Real Estate Commission (99-60-7-71) t Ci — ►33y L00II [C808 ON xk1/x1] 8C:ZL INA 4002/eo/LO Jul-08-05 12:10 From-LTG-GREELEY 9703399545 T-199 P.003/006 F-091 LAND TI'T'LE GUARANTEE COMPANY STATEMENT OF SETTLEMENT 4617 W 20'I'lI ST#2B "SELLERS" GREELEY, CO 80634 Land I ide PROPERTY ADDRESS: VACANT LAND SELLER(S) : ROXY F. VENDENA BUYER(S) : COUNTY OF WELD. A BODY CORPORATE AND POLITIC SETTLEMENT DATE: July 15, 2005 DATE OP PRORATION: July 15, 200$ ITEM DESCRIPTION Dei;ir i_rc.oi ! c_))es Price 16, 6'52. 00 rY .-:...-.. 32. 00 c:Irrf!nr. Property 1'rxe ' 01/0i/05-07/15/05 01 S0. 1102 21.48 TEMPORARY CONSTRUCTION EASEMENT 1, :156. :10 ENTRANCE GATE RELOCATION 1 , 250. 00 a'F"* SubTot4ls **** _.. 53. 48 19,258. 00 One To .Seller 19,204, 52 T0a:e _.. . 79, 2$8 OO I , 25S. 00 The above linneN do not iucludC Niles or U:V li1XeN On ovum:Av. SELLER(S) : AIPRr1VFI) AND.\(`Clil'TEL'1 REAL ESTATE BROKERS) 8Y: t_ _ 0-.._...._ AMY F. fl A .-.._ LAND TITLE CLOSING AGENT: Nelinels n,alandrl RJCROW NO: OR25O)1193 nnnf,TTMafT NO: FC2FO&Z3Y3 Form )48 LTd2 (05/04) Th. printed pueblos' et this form 1e approved by the Colorado Peal Notate comniantnn (ns-80-t.11) TO ' d T00' °N ST : TT o,: ' 9 fi ' ON 131 PURCHASER FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. PC25031293 Escrow No. CR25031293 State of Colorado, County of WELD RE: Real property and improvements located at: VACANT LAND in the County of WELD State of Colorado, and more particularly described as follows: SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF Whereas, Land Title Guarantee Company has issued its Commitment No. FC25031293 covering said property, The Undersigned, Purchaser of the Real Estate and improvements located on the herein described property, being first duly sworn on oath, for the purpose of inducing Land Title Guarantee Company to issue its ALTA Policy of Title Insurance, in connection with the property described in said commitment, do hereby make the following representations to Land Title Guarantee Company, with full knowledge and intent that said company shall rely thereon: 1. That those certain persons, firms and corporations, including the General Contractors, and all subcontractors hired by or under contract with the undersigned who have furnished services, labor or materials, according to plans and specifications or otherwise, used in connection with the construction of improvements on the real estate herein described, have been paid in full. 2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractor, laborer or materialman, nor any other suit of any kind, and that no chattel mortgages, conditional bills of sale, security agreements or financing statements have been made. Further, there are no liens or encumbrances recorded or unrecorded affecting the subject property. 3. That, except as shown in the above-referenced commitment, there are no liens or encumbrances of any kind, recorded or unrecorded, affecting the subject property. 4. That there has been no architectural service or other work of any kind, contracted for or otherwise ordered by the undersigned, within the last 120 days, paid or unpaid, which could establish a priority for any future mechanics' lien claimant. If services or other work has been contracted for within the preceding 120 days, undersigned is required to attach a description of same with the corresponding payment information. 5. That the purchaser(s) have or will take possession of the premises on or about July 15, 2005 . 6. That the full purchase price has been paid by said purchaser(s) to said Owner-Seller. 7. The undersigned further understands that the payoff of any liens, mortgages, deeds of trust, etc., is based on written payoff figures obtained from the lien holder and agrees that, in the event Land Title Guarantee Company is notified by the lien holder that the payoff is insufficient to render the loan paid in full, the undersigned shall, upon notification by Land Title Guarantee Company, immediately tender the amount of funds necessary to complete the payoff. x There are no existing leases or tenancies affecting said property. If any deed of trust recorded against my property secures an open line of credit or a revolving line of credit, I/we affirm that I/we have not drawn additional funds from the line of credit since the date of the payoff statement from my/our lender to Land Title Guarantee Company. I/We further agree and affirm that I/we will not make any further draws on the line of credit after the date of this affidavit. I/We further affirm that I/we have not taken out any loans against our property other than those shown on the above referenced commitment number. In light of the foregoing facts and representations, the undersigned, in consideration of the issuance by Land Title Guarantee Company of a policy of Title Insurance covering said property in the manner described by the undersigned as set out above, hereby promise, covenant and agree to hold harmless, protect and indemnify Land Title Guarantee Company, and any title insurance company that has issued an ALTA Policy of insurance pursuant to the commitment described above, from and against those liabilities, losses, damages, expenses and charges, including but not limited to reasonable attorneys' fees (including attorney's fees in the enforcement of this agreement) and expenses of litigation arising out of any inaccuracies in the above representations. Owner(s) Forwarding Address: COUNTY OF WELD, A ODY CORPORATE AND POLITIC P.O. BOX 758 GREELEY, CO 80631 �y�� STATE OF COLORADO O V T By: /` fGl� CO V N'1 1 OF WELD N. J. GEILE, CHAIR PRO-TEN The foregoing instrument was acknowledged before me on this day of July 15, 2005 , by N. J. CHILE, CHAIR PRO-TEW OP COUNTY OF WELD, A BODY CORPORATE AND POLITIC Witness my hand and official seal. My commission expires: Form 491 APF.PUR 11/14/03 FINAL AFFIDAVIT & AGREEMENT (Purchaser) Notary Public Printed: July 11, 2005 • . EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DO-I 6.DOC SHEET I OF 2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO.01989386, WELD COUNTY PUBLIC RECORDS,LOCATED IN THE NORTHEAST QUARTER OF SECTION 24,TO WNSIIIP 1 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS. BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 24 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS: -THE EAST QUARTER CORNER OF WHICH BEING A 2"ALUM. CAP, L.S.25937. -THE NORTHEAST CORNER OF WHICH BEING A 2.5"ALUM< CAP,L.S 28258. COMMENCING AT SAID EAST QUARTER CORNER OF SECTION 24; THENCE N 89°52'30"W ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 24 A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LIMIT OF WELD COUNTY ROAD 13; THENCE N 00°06'35"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE CF 738.68 PEW TO THE POINT OF BEGINNING; THENCE S 89°53'25"W A DISTANCE OF 30.00 FEET TO A POINT 30 FEET WESTTRLY A'") PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 13; THENCE N 00°06'35"W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13,A DISTANCE OF 1882.35 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8; • THENCE S 89°25'56"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DTST 4NCE OF 70.00 Itt.1 TO A POINT ON THE INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE C,`WEE :",UNTYROAD 13 AND SAID SOUTHERLY RIGHT-OF-WAY LINE CF WELD COUNTY ROAD 8; THENCE S 00°06'35"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUICTI ROAD 13 A DISTANCE OF 1,882.00 FEET TO THE POINT OF BEGINNING; CONTAINING 56,468 SQ.FT. OR 1.2963 ACRES MORE OR LESS. I,CHRISTOPHER H.McELVAIN,A SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. RE, . ..1--`,5;i1.. CHRISTOPHER H.McELVAIN,PROFESSIONAL LAND SURVEYOR ° —`; cc COLORADO REGISTRATION NO.36561, 36561 FOR AND ON BEHALF OF JeHN ENGINEERING,INC. ,// d Y-'__ 5855 WADSWORTH BYPASS t#A-100 `s /� ARVADA,CO. 80003 . L .1N0 • 1111111 VIII VIII VIII VIII 111111111111 III 11111 ilii IIII 3285127 05/11/2005 01:32P Weld County, CO 4 of 9 R 0.00 0 0.00 Steve Moreno Clerk& Recorder SELLER-OWNER FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. PC25031293 Escrow No. GR25031293 State of Colorado, County of WELD RE: Real property and improvements located at: VACANT LAND in the County of WELD State of Colorado, more particularly described as follows: SHE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF Whereas, Land Title Guarantee Company has issued its Commitment No. FC25031293 covering said property, The Undersigned, Owner-Seller of the Real Estate and improvements located on the herein described property, being first duly sworn on oath, for the purpose of inducing Land Title Guarantee Company to issue its ALTA Policy of Title Insurance, in connection with the property described in said commitment, do hereby make the following representations to Land Title Guarantee Company, with full knowledge and intent that said company shall rely thereon: 1. That those certain persons, firms and corporations, including the General Contractors, and all subcontractors hired by or under contract with the undersigned who have furnished services, labor or materials, according to plans and specifications or otherwise, used in connection with the construction of improvements on the real estate herein described, have been paid in full. 2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractor, laborer or materialman, nor any other suit of any kind, and that no chattel mortgages, conditional bills of sale, security agreements or financing statements have been made. 3. That, except as shown in the above-referenced commitment, there are no liens or encumbrances of any kind, recorded or unrecorded, affecting the subject property. 4. That there has been no architectural service or other work of any kind, contracted for or otherwise ordered by the undersigned, within the last 120 days, paid or unpaid, which could establish a priority for any future mechanics' lien claimant. If services or other work has been contracted for within the preceding 120 days, undersigned is required to attach a description of same with the corresponding payment information. 5. That all improvements constructed on the real estate herein described were completed on or before July 15, 2005 6. That all fees, assessments and charges of the homeowners association having jurisdiction over the above described property, if applicable, are current at this time. 7. The undersigned further understands that the payoff of any liens, mortgages, deeds of trust, etc., is based on written payoff figures obtained from the lien holder and agrees that, in the event Land Title Guarantee Company is notified by the lien holder that the payoff is insufficient to render the loan paid in full, the undersigned shall, upon notification by Land Title Guarantee Company, immediately tender the amount of funds necessary to complete the payoff. El There are no existing leases or tenancies affecting said property. If any deed of trust recorded against my property secures an open line of credit or a revolving line of credit, I/we affirm that I/we have not drawn additional funds from the line of credit since the date of the payoff statement from my/our lender to Land Title Guarantee Company. I/We further agree and affirm that I/we will not make any further draws on the line of credit after the date of this affidavit. I/We further affirm that I/we have not taken out any loans against our property other than those shown on the above referenced commitment number. In light of the foregoing facts and representations, the undersigned, in consideration of the issuance by Land Title Guarantee Company of a policy of Title Insurance covering said property in the manner described by the undersigned as set out above, hereby promise, covenant and agree to hold harmless, protect and indemnify Land Title Guarantee Company, and any title insurance company that has issued an ALTA Policy of insurance pursuant to the commitment described above, from and against those liabilities, loss , damages, expenses and charges, including but not limited to reasonable attorneys' fee ' c u ' attorney's fe in the enforcement of this agreement) and expenses of litigation arising out of any ' accuracies i th above re resentations. Seller(s) Forwarding Address: 5520 HARLAN STREET By: RORY P. V A ARVADA CO 80002 ,.,-Bus' STATE OF COLORADO ;�` .A COUNTY OF j 2S - ts/I The foregoing instrumen(t[p was acknowledged before 1 me on this day of Julys*,,2005 , 9., PUeL\G/8" -�OF COQ My Commission Expires 1/04/Z009 by POET P. VENDENA Witness my hand and offic1 s al. ' ' 4"-1 /1 My commission expires: t 4 �j Lt/ff Form 492 APF.SELL 04/04 Notary Public EXHIBIT A A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 01989386, WELD COUNTY PUBLIC RECORDS, LOCATED IN THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 24 BEARS N OODEGREES 06'35" W AND MONUMENTED AS FOLLOWS: THE EAST QUARTER CORNER OF WHICH BEING A 2' ALUM. CAP, L.S. 25937, THE NORTHEAST CORNER OF WHICH BEING A 2.5" ALUM. CAP, L.S. 28258. COMMENCING AT SAID EAST QUARTER CORNER OF SECTION 24; THENCE N 89DEGREES52'30" W ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 24 A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 738.68 FEET TO THE POINT OF BEGINNING; THENCE S 89DEGREES 53'25" W A DISTANCE OF 30.00 FEET TO A POINT 30 FEET WESTERLY AND PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 13; THENCE N OODEGREES 06'35" W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13, A DISTANCE OF 1882.35 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8; THENCE S 89DEGREES 25'56" E ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 20.00 FEET TO A POINT ON THE INTERSECTION OF SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND SAID SOUTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 8; THENCE SOODEGREES 06'35" E ALONG SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1, 882.00 FEET TO THE POINT OF BEGINNING. Form EXHIBITA 01/17/03 FC25031293 The printed portions of this form have been approved by the Colorado Real Estate Commission(CL8-9-95). CLOSING INSTRUCTIONS THIS FORM HAS IMPORTANT I FrAL CONSEQUENCES-THE PARTIES SHOULD CONSULT LEGAL, TAX OR OTHER COUNSEL BEFORE SIGNING TO: LAND TITLE GUARANTEE COMPANY DATE: July 15, 2005 ESCROW NO. CR25031293 TITLE NO. TC25031293 1. ROXY F.VENDENA SELLER(S)and COUNTY OF WELD,A BODY CORPORATE AND'POLITIC BUYER(s)engage LAND TITLE GUARANTEE COMPANY Closing Company,who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of WELD ,Colorado,to wit: BEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF - also known and numbered as: VACANT LAND 2. Closing Company is authorized to obtain information,and agrees to prepare, obtain,deliver and record all documents,excluding preparation of legal documents,necessary to carry out the terms and conditions of the Contract to Buy and Sell Real Estate, dated ,with any counterproposals and amendments attached(Contract). 3.Closing Company will receive a fee not to exceed $200.00 for providing these closing and settlement services to be the expense of PAID BY BUYER. 4. Closing Company is authorized to receive funds and to disburse when all funds received are either: available for immediate withdrawal as a matter of right from the fmancial institution in which the funds have been deposited or are available for immediate withdrawal as a consequence of an agreement of a fmancial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn("Good Funds"]. 5.Closing Company is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds,except as provided in Sections 10 and 11. 6. Closing Company shall disburse all funds, including real estate commissions,except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender'on or before closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 7.Seller will receive the net proceeds of closing as indicated:I I Cashier's check at seller's expense.n Funds electronically transferred(wire transfer) to an account specified by the Seller,at Seller's expense; or nClosing Company's trust account check. 8. Buyer and Seller will furnish any additional information and documents required by Closing Company which will be necessary to complete this transaction. 9. Closing Company will prepare and deliver an accurate,complete and detailed closing statement to Buyer and Seller at time of closing. 10.If closing does not occur,Closing Company,except as provided herein,is authorized and agrees to return all documents,monies,and things of value to the depositing party and Closing Company will be relieved from any further duty,responsibility or liability in connection with these instructions. In addition, any promissory note,deed of trust,or other evidence of indebtedness signed by Buyer, shall be voided by Closing Company,with the original(s)returned to the Buyer and a copy to Buyer's lender. 11. If any conflicting demands are made on the Closing Company,at its sole discretion,Closing Company may hold any monies,documents,and things of value received from any party except Buyer's lender. Closing Company shall retain such items until(1)receipt of mutal written instruction from Buyer and Seller;or(2)until a civil action between Buyer.and Seller shall have been resolved in a Court of competent jurisdiction;or(3) in the alternative,Closing Company may, in its sole discretion,commence a civil action to interplead,or, interplead in any existing civil action,any documents,monies or other things of value received by Closing Company. Such deposit with the Court shall relieve Closing Company of all further liability and responsibility and Closing Company shall be entitled to all court costs and reasonable attorneys' fees. 12. These closing instructions may be only amended or terminated by written instructions signed by Buyer, Seller and Closing Company. 13. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller either(a)is a foreign person or(b)will not be a Colorado resident after closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. 14. Special Instructions: 15. These Closing Instructions may be executed by each Buyer, Seller and Closing Company individually and when each Buyer,Seller and Closing Company has executed a copy of these Closing Instructions,such copies taken together shall be deemed to be a full and complete contract between the parties. LAND TITLE GUARANTEE COMPANY . •Rt)YFI) AND AG(.7t:PrED on us day of truly IS, 2005 _ By: Closing Agent SBLLBRf '1 PORCHASERtSI ay. .. COUNTY 08 WELD,,,, DY CORPORATE AND POLITIC RORY P. VIN 9 M. T. ESL CHAIR PRO-TIN Poem 366 CL.INS 12/08/03 CLOSING INSTRUCTIONS GR25031293 EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-I6.DOC SHEET I OF 2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO.01989386, WELD COUNTY PUBLIC RECORDS,LOCATED IN THE NORTHEAST QUARTER OF SECTION 24,TO WNSIIIP 1 NOI:TH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS. BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 24 BEARS N 00°06'35"W AND MONUMEPTED AS FOLLOWS: -THE EAST QUARTER CORNER OF WHICH BEING A 2"ALUM CAP, L.S.25937. -THE NORTHEAST CORNER OF WHICH BEING A 2.5"ALUM CAP,L.S 28258. COMMENCING AT SAID EAST QUARTER CORNER OF SECTION 24; THENCE N 89°52'30"W ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 24 A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WF'..D COUNTY ROAD 13; THENCE N 00°06'35"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE CF 738.68 FEET TO THE POINT OF BEGINNING; THENCE S 89°53'25"W A DISTANCE OF 30.00 FEET TO A POINT 30 FEET WESTERLY A'") PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 13; THENCE N 00°06'35"W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13,A DISTANCE OF 1882.35 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8; THENCE S 89°25'56"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 70.00 FEET TO A POINT ON THE INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE Cu. WEL: C ,UNTY ROAD 13 AND SAID SOUTHERLY RIGHT-OF-WAY LINE 6F WELD COUNTY ROAD 8; THENCE S 00°06'35"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1,882.00 FEET TO THE POINT OF BEGINNING; CONTAINING 56,468 SQ.FT. OR 1.2963 ACRES MORE OR LESS. I,CHRISTOPHER H.McELVAIN,A SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. v— CHRISTOPHER H.McELVAIN,PROFESSIONAL LAND SURVEYOR < COLORADO REGISTRATION NO.36561, .= 36531 _ FOR AND ON BEHALF OF JeHN ENGINEERING,INC. es;•.y�/GYM ,f 5855 WADSWORTH BYPASS NA-100 Sy ARVADA,CO. 80003 . �4L ! qNO • AIM 11111 11111 11111 11111 111111111111 III HIII HID 3285127 05/11/2005 01:32P- Weld County, CO 4 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder AGREEMENT FOR TAP FEES It is hereby understood and agreed between the Buyer(s) and Seller(s) of the property known as VACANT LAND that the water/sewer tap fees and/or any water availability fees have been addressed as of this date on the basis of: VACANT LAND - (X) Well and septic - no adjustment required and no related fees are due and owing. ( ) Water/sewer tap fees and/or any water availability fees or assessments have been paid in full by Land Title Guarantee Company or its underwriter does not guarantee the sufficiency of said payment and will not be responsible should additional fees be owing or become due. ( ) Water/sewer tap fees and/or any water availability fees or assessments are still outstanding and have notbeen paid. Payment for said fees shall be paid at closing by Land Title Guarantee Company or its underwriter does not guarantee the sufficiency of said payment and will not be responsible should additional fees be owing or become due. • ( ) Water/sewer tap fees and/or any water availability fees or assessments have not been paid but will be paid by outside of closing. Before said fees become delinquent: will cause said fees to be paid in full and shall cause the above referenced property to be thereby freed from any lien or discontinuance of service due to non-payment of fees. NEW CONSTRUCTION - ( ) Water/sewer tap fees and/or any water availability fees or assessments have been paid in full by Land Title Guarantee Company or its underwriter does not guarantee the sufficiency of said payment and will not be responsible should additional fees be owing or become due. (X) Well and septic - no adjustment required and no related fees are due and owing. FUR1'HLR, Seller acknowledges that there is is not X currently a formal or informal homeowners/landowners association which may require perioodic assessments and other fees as a result of this transaction. If there is an association heretofore not known to the settlement agent and/or seller's agent, Land Title Guarantee Company shall escrow finds from seller pending receipt of a written status letter from the association. This a • ent made on July 15 2005 COUNTY OF WELD, ODY CORPORATE AND POLITIC ROXY F. V ENA q By: 27 Y/t�ir..✓ M.J. GEILE, CHAIR PRO-TEM Yorm'530 01/17/03 TAP.TZES GR25031293 AGREEMENT FOR TAXES It is hereby understood and agreed between the Buyer(s) and Seller(s) of property known as: VACANT LAND that the taxes for the current year have been adjusted as of this date on the basis of: ( ) Estimate for general taxes in the amount of for the year of closing, based on the taxes for the calendar year immediately preceding closing. ( ) General taxes for the year of closing, based on the most recent levy and the most recent assessment certified by the county is . Figures were obtained by telephone from the County Assessors office and Land Title Guarantee Company assumes no responsibility or any liability in the event the County Assessor misquoted the figures. Any adjustment shall be made between the Buyer(s) and Seller(s) if necessary, and Land Title Guarantee Company, or its underwriter will not make or be responsible for this re-adjustment or any liability in connection therewith. ( ) NO ADJUSTMENT (X) Estimate for 2005 taxes of $40 . 21 . (X) Taxes based on percent of ACREAGE & ASSESSED tith E OF LAND 0 amount of and this agreement shall be (X) A final settlement. ( ) Re-adjusted between the Buyer(s) and Seller(s) as soon as the taxes have been billed by the County Treasurer. If a re-adjustment is necessary, Land Title Guarantee Company will not make or be responsible for this re-adjustment. It is further understood and agreed between the Buyer(s) and Seller(s) that ( ) No governmental body taxing authority has certified an assessment lien to the County Treasurer for special improvements installed prior to the date of the Buyers execution of the Agreement for Purchase. ( ) Special improvements now in and being paid in annual installments are to be assumed by the Buyer(s), with current annual assessments in the amount of , with the total payoff amount of this assessment being . This assessment will be fully paid on Note: Land Title Guarantee Company and/or its underwriter assumes no responsibility or any liability for the adjustment of special taxes on assessments unless they are shown on the County Treasurer's Certificate of Taxes Due. Any adjustment shall be made between the Buyer(s) and Seller(s), if necessary, and Land Title Guarantee Company, or its underwriter will not make or be responsible for the re-adjustment or liability in connection therewith. This Agreement made and executed this day of July 15, 2 0 0 5 - — BUYER(S) . ELLE (S) COUNTY OF WELD, A BODY CORPORATE AND POLITIC By:. "-" - 'J RON? F. VE [NA By: f,F7 �.Gf.) M.J.GE LE,CHAIR PRO-TEM • Form 667 (08/25/03) sax/FINAL FC25031293 • REAL PROPERTY TRANSFER DECLARATION GENERAL INFORMATION (TD-1000) PURPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). REQUIREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. PENALTY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025p (.00025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: (Please do not use P.O. box numbers) VACANT LAND 2. T pe of property purchased: ❑ Single Family Residential ❑ Townhome Condominium ❑ Multi-Unit Res Commercial 0 Industrial ❑ Agricultural E] Mixed Use Ed Vacant Land ❑ Other 3. Date of closing: July 15, 2005 Contract date: 4. Total Sales Price: including all real and personal property. $16,852.00 5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not Listed, the entire urchase price will be assumed to be for the real property as per 39-13-102, C.R.S. Yes ❑ No If yes, approximate value $ Describe 6. Did the total. sale price include a trade or exchange of additional real or personal property? If yes, give the approx- imate value of the goods or services as of the date of closing. ❑ Yes ® No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? 0 Yes X❑ No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. ❑X Yes ❑ No If no, interest purchased 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include Eersons within the same family, business affiliates, or affiliated corporations. J Yes ® No 9. Check any of the following that apply to the condition of the i rovements at the time of purchase. ❑ New ❑ Excellent E] Good ❑ Average E] Fair 0 Poor ❑ Salvage. If the property is financed, please complete the following. 10. Total amount financed. $ 11. T pe of financing: (Check all that apply) New ❑ Assumed ❑ Seller ❑ Third Party Combination; Explain 12. Terms: a Variable; Starting interest rate Fixed; Interest rate Length of time years Balloon payment U Yes U No; Amount Due Date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? ❑ Yes ❑X No If yes, franchise or license fee value? $ 15. Did the purchase price involve an installment Land contract? 0 Yes ® No If yes, date of contract 16. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closing? ❑X Yes 0 No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed on this ay of July 15, 2005 . Please designate buyer or seller. Mailing Address r-nte6 gnat e of Grantee (Buyer) U or Grantor (Seller) ❑ COUNTY OF WELD, A BODY CORPORATE AND POLITIC P.O. BOX 758 GREELEY, CO 80631 Daytime Phone Form 358 1/17/03 RPT REAL PROPERTY TRANSFER DECLARATION FC25031293 (1929453) • EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-16.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO.01989386, WELD COUNTY PUBLIC RECORDS,LOCATED IN THE NORTHEAST QUARTER OF SECTION 24,TO WNSI IIP 1 NOI:TH,RANGE 68 WEST OF THE 6T"PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS. BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 24 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS: -THE EAST QUARTER CORNER OF WHICH BEING A2"ALUM CAP, L.S.25937. -THE NORTHEAST CORNER OF WHICH BEING A 2.5"AMY. CAP,L.S 28258. COMMENCING AT SAID EAST QUARTER CORNER CF SECTION 24; THENCE N 89°52'30"W ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 24 A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LW i'.OF WIT.0 COUNTY ROAD 13; THENCE N 00°06'35"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE C i' 738.68 FEET TO THE POINT OF BEGINNING; THENCE S 8993'25"W A DISTANCE OF 30.00 FEET TO A POINT 30 FEET WESTTKLY A'"") PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 13; THENCE N 00°06'35"W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13,A DISTANCE OF 1882.35 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8; THENCE S 89°25'56"E ALONG SAID SOUTHERLY RIGI IT-OF-WAY LINE A DIST ANCE OF 70.00 FEET TO A POINT ON THE INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE Cr WEL: i" :UNTYROAD 13 AND SAID SOUTHERLY RIGHT-OF-WAY LINE 6F WELD COUNTY ROAD 8; THENCE S 00°06'35"E ALONG SAID WESTERLY MGHT-CF-WAY LINE OF WELD COW 'f ROAD 13 A DISTANCE OF 1,882.00 FEET TO THE POINT OF BEGINNING; CONTAINING 56,468 SQ.FT. OR 1.2963 ACRES MORE OR LESS. I,CHRISTOPHER H.McELVAIN,A SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. REr3 CHRISTOPHER H.McELVAIN,PROFESSIONAL LAND SURVEYOR ° -` COLORADO REGISTRATION NO.36561, 50 36531 7. FOR AND ON BEHALF OF JeHN ENGINEERING,INC. •.y�/ 5855 WADSWORTH BYPASS ftA-100 5v', ARVADA,CO. 80003 . %I. L INO I I EV IIIII 11111 11111 11111 IIIII 1111111 III Hill !ICI 11 11 3285127 05/11/2005 01:32P Weld County, CO 4 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder DISCLOSURE The undersigned hereby acknowledge that they understand and agree to the following provisions: 1. Laws Relating to Unclaimed Funds. All parties are hereby advised that checks issued by Land Title and not cashed by payee are subject to laws of escheat and/or unclaimed property laws. Should Land Title transfer such funds to a state office, Land Title shall be released from all further responsibility under this Agreement and shall not be liable to any Party so long as such payment was made pursuant to applicable law. 2. Funds Held by Land Title. Land Title shall keep all funds deposited pursuant to any closing and settlement services separate and apart from the assets of the company, in an account designated as an escrow account or custodial account and so recognized by the depository institution. The undersigned hereby acknowledge that funds held by Land Title may generate earnings and understand and agree that such earnings will be retained by Land Title. 3. FDIC Limit Notice. The insurance coverage provided by the Federal Deposit Insurance Corporation protects a depositor up to a cumulative maximum deposit of $100,000.00 for each insured financial institution. Ownership is determined by the deposit records of the financial institution and/or the records of the named custodian of any escrow accounts. Land Title and its underwriter assume no responsibility for nor will the undersigned hold same liable for any loss which arises from the fact that the amount of the above deposit may cause the aggregate amount of any individual depositor's accounts to exceed $100,000.00 Seller(s) Buyers)/Borrower(s) • By: , _ COUNTY OF MELD, A BODY CORPORATE AND POLITIC ROPY P. THN3Z By: / .P/-�.✓ M. J. CHILE, CHAIR PRO-TEM Date: _ July 15, 2005 Form 368 05/29/03 DISCLOSURE.4.0 25031293 jceLH.H. MEMORANDUM Date: August 12, 2005 ITO: Clerk to the Board CFROM: Leon • SUBJECT: Recorded Deed for Roxy Vendena COLORADO It appears that when the Deed of Dedication for Roxy Vendena 2005-1334 was sent to the Clerk and Recorder for recording, it was missing Exhibit A legal description and Exhibit A map. Enclosed is Exhibit A and Exhibit A map for that Deed.Please re-record the Deed with the appropriate exhibits. Thanks for your help. L o6 Hello