HomeMy WebLinkAbout20051582.tiff RESOLUTION
RE: APPROVE CONTRACT TO EXCHANGE REAL ESTATE AND AUTHORIZE CHAIR TO
SIGN - GREELEY URBAN RENEWAL AUTHORITY
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 Contract to Exchange Real Estate
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Greeley Urban Renewal Authority, with further terms and
conditions being as stated in said contract, and
WHEREAS,after review,the Board deems it advisable to approve said contract, 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 Contract to Exchange Real Estate between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and Greeley
Urban Renewal Authority be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 25th day of May, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: gaff � Ell,,® et'L ,,/w`
.py illiam H. rke, Chair
Weld County Clerk to the :r + tt -
�
♦ C. . J.'le, Pro-Tem
Deputy Clerk to the Boar •-:)cif ft1
Dav' ng'
AP ED AS TO •
�_ Robe D. Masde
wily/Carney 1 "AWL l��
g (p// Glenn Vaad
Date of signature:
2005-1582
PR0027
6915
CONTRACT TO EXCHANGE REAL ESTATE
1. PARTIES AND PROPERTY: 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,
hereinafter"Weld County,"whose address is 915 10'h Street, Greeley, CO 80631, and the
Greeley Urban Renewal Authority, by and through its Board of Directors, hereinafter
"GURA,"whose address is 1100 10th Street, Greeley, CO 80631, hereby agree to
exchange, on the terms and conditions set forth in this contract("Contract"), the real
estate described in the attached Exhibits "A" and"B" (described herein, respectively, as
the"Food Bank Property" and the"Stoll Property," or collectively as the"Properties"),
located in the County of Weld, State of Colorado, together with all interests in vacated
streets and alleys adjacent thereto, all easements and other appurtenances thereto, all
improvements thereon and all attached fixtures thereon, except as herein excluded. Weld
County shall reserve unto itself, for its benefit and for the benefit of the City of Greeley,
an easement over and across the Food Bank Property for the continued placement of lines
for fiberoptic communications, extending between and appurtenant to properties and
facilities owned by the City of Greeley and/or Weld County, including, but not limited to,
their joint communications facility located in the Weld North Business Park at 1950"O"
Street, Greeley, Colorado. Said easement is described in the attached Exhibit"C," and
shown on the attached Exhibit"D."
2. TERMS OF EXCHANGE: The Food Bank Property is owned by Weld County. The
Stoll Property is owned by GURA. Weld County agrees to transfer ownership,by
Warranty Deed, of the Food Bank Property to GURA in exchange for GURA transferring
ownership, by Warranty Deed, of Stoll Property to Weld County and paying Weld County
the sum of$192,400.
3. TITLE: Weld County and GURA have determined that good and sufficient title for the
Properties rests solely in the parties herein. If necessary, Weld County or GURA will, at
its cost, obtain title insurance in the Property it is to receive through the exchange.
4. INSPECTION: Weld County and GURA have inspected the Properties prior to the date
of signing this Contract. Each will make its Property open to the other for further
inspections, if requested,prior to the date of closing.
5. DATE OF CLOSING: The date of closing shall be May 31, 2005 ("Closing Date").
The hour and place of closing shall be designated by Weld County and GURA.
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GURA
2005-1582
6. TRANSFER OF TITLES: Subject to tender or payment at closing as required herein,
shall exchange and deliver a good and sufficient Warranty Deeds for the Properties on the
Closing Date, conveying the Properties free and clear of all liens or other encumbrances,
subject only to those easements of record and reserving unto Weld County and the City of
Greeley over and across the Food Bank Property an easement for the continued placement
of lines for fiberoptic communication.
7. CLOSING COSTS,DOCUMENTS AND SERVICES: Weld County and GURA each
agree to pay its respective closing costs and all other items required to be paid at closing.
8. POSSESSION: Weld County and GURA shall be entitled to possession of the Stoll
Property or Food Bank Property, respectively,upon closing.
9. CONDITION OF PROPERTIES: The Properties shall be delivered in their current"as
is"condition. In the event the Food Bank Property be damaged by fire or other casualty
prior to the Date of Closing, in an amount of not more than ten percent of the appraised
value as of the date of signing of this Contract, Weld County shall be obligated to repair
the same before the Date of Closing. In the event such damage is not repaired within said
time or if the estimated damages exceed such sum, this Contract may be terminated at the
option of GURA. Should GURA elect to carry out this Contract despite such damage,
GURA shall be entitled to credit for all the insurance proceeds resulting from such
damage to the Food Bank Property, not exceeding, however, the appraised value.
10. ADDITIONAL PROVISIONS:
a. No Closing Instructions are attached to this Contract.
b. Facsimile signatures hereafter shall be considered legal and binding with regard
to this Contract, including any written notices, addenda, and amendments to this
Contract.
11. RECOMMENDATION OF LEGAL COUNSEL: By signing this document Weld
County and GURA acknowledge that they have been advised that this document has
important legal consequences and has recommended the examination of title before
signing this Contract.
12. TERMINATION: In the event this Contract terminated, all payments and things of
value received hereunder shall be returned and the parties shall be relieved of all
obligations hereunder.
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GURA
13. MODIFICATION OF THIS CONTRACT: No subsequent modification of any of the
terms of this Contract shall be valid, binding upon the parties, or enforceable unless made
in writing and signed by the parties.
14. ENTIRE AGREEMENT/NO THIRD PARTY ENFORCEMENT: This Contract
constitutes the entire Contract between the parties relating to the subject hereof, and any
prior agreements pertaining thereto,whether oral or written, have been merged and
integrated into this Contract. It is expressly understood and agreed that the enforcement
of the terms and conditions of this Contract, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Contract shall give or allow any claim or right of action whatsoever by any other person
not included in this Contract. It is the express intention of the undersigned parties that
any entity other than the undersigned parties receiving services or benefits under this
E11 ntract shall be an incidental beneficiary only.
" ( COUNTY OF WELD, a political
`anq'
1861 t . �1.
�� subdivision Clerk to the Board of the
"� .r STATE OF COLORADO
.,� ;.�%sus✓�i.. � By:
eputy Clerk to the Bo. William H. Jerke, Chairman
Board of County Commissioners of the
County of Weld 5/25/2005
ACCEPTED this 25th day of May , 2005.
GREELEY URBAN RENEWAL
AUTHORITY
Date: .___lU1-4.% 13 1 C2O By Z�C .-rK
Pri ted Name: n,@ U C .fKn n-e-c.T
Title: C../(Q.r4L GCi#C fi
Note:No Closing Instructions are attached to this Contract.
1111111 I I I I 1111111111111 I I 1111111 11111 111 11111 I I I 11111
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Weld County Page 3 of 3 Pages
GURA
EXHIBIT "A"
Lots Eight(8)and Nine(9),Block Four(4),Clayton's First Subdivision and Lots Six(6),and Seven
(7), Eight (8) and Ten (10), Bock 8, Clayton's Second Subdivision, all in the City of Greeley,
according to the recorded map or plat thereof; together with all that portion of the vacated alley in
Block 4,Clayton's First Subdivision and in Block 8, Clayton's Second Subdivision,running North
and South; and also together with all that portion of the vacated alley lying South of Lots 6, 7 and
8, Block 8, Clayton's Second Subdivision, and the South Half of that portion of the vacated alley
lying between Lot 5 and Lot 10, Block 8, Clayton's Second Subdivision. EXCEPTING
THEREFROM that part of the East Half of said vacated alley in said Block 4,CLAYTON'S FIRST
SUBDIVISION, lying South of the North line of the South %2 of Lot 6, in said Block 4, extended
Westerly.
IIIIII 11111111111111111 III 111111111111 III 11111 IIII IIII
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EXHIBIT "B"
Parcel 1
Lot 24 and the North 5 feet of Lot 25,Block 25,
Clayton Park,
City of Greeley,
County of Weld,
State of Colorado.
Parcel 2
Lot 3,Block 25,
in Clayton Park Subdivision
to the City of Greeley,
County of Weld,
State of Colorado.
Parcel 3
Lot 2, Block 25,
Clayton Park City of Greeley,
County of Weld,
State of Colorado.
Parcel 4
Lot 1, Block 25,
Clayton Park,
City of Greeley,together with that portion of B Street as vacated in
Ordinance No. 7, recorded December 28, 1977 in Book 818 at
Reception No. 1739824,
County of Weld,
State of Colorado.
11111111111IIIII1111111 III �11111111111 ���111111111VIII
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EXHIBIT "C"
PROPERTY DESCRIPTION
Utility Easement
A parcel of land being part of Block Four(4), Clayton's First Subdivision, and part of Block Eight (8),
Clayton's Second Subdivision and a portion of the vacated alley, all in the City of Greeley, County of
Weld, State of Colorado. The aforesaid Blocks 4 and 8 being shown on that Land Survey Plat as
recorded July 12, 1990 in Book 1269 as Reception Number 2219693 of the records of the Weld
County Clerk and Recorder (WCCR) and being part of the Northwest Quarter (NW 1/4) of Section Five
(5), Township Five North (T.5N.), Range Sixty-five West (R.65W.) of the Sixth Principal Meridian
(6th P.M.), and being more particularly described as follows:
BEGINNING at the Northwest Corner of the aforesaid Block 8, said point being the intersection of
the Easterly Right-Of-Way (ROW) line of 11th Avenue and the Southerly ROW line of 1st Street, and
assuming the West line of said Blocks 4 and 8, also being the Easterly ROW line of said 11th Avenue
as bearing South 00°01'30" East with all other bearings contained herein relative thereto:
THENCE South 00°01'30" East along said West line, also being the Easterly ROW line of said 11th
Avenue a distance of 118.08 feet to the TRUE POINT OF BEGINNING:
THENCE South 07°47'36" East a distance of 53.61 feet;
THENCE South 08°36'47" East a distance of 24.59 feet;
THENCE South 27°09'07" East a distance of 18.43 feet;
THENCE South 19°48'22" East a distance of 23.77 feet to the Southerly line of said Block 4. Said
point also being on the Northerly ROW line of the Colorado & Southerly Railroad (C&SRR);
THENCE North 73°48'28" West along the Southerly line of said Block 4, also being the Northerly
ROW line of said C&SRR a distance of 12.36 feet;
THENCE North 19°48'22" West a distance of 15.87 feet;
THENCE North 2T09'07" West a distance of 19.42 feet;
THENCE North 08°36'47" West a distance of 8.54 feet to the West line of said Block 4 and 8, also
being the Easterly ROW line of said 11th Avenue;
THENCE North 00°01'30" West along said West line, also being the Easterly ROW line of said 11th
Avenue a distance of 72.10 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 814 Square Feet, more or less (±) 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.
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° R
•
Charles B. Jo ;s - j beha 'of !:a : S .a eyors, Inc.
ix 2 09 t/ v`",:
Colorado Regi :i Trofe iongl• 1♦!
. ... --
Land Surveyor #2 : I'
KING SURVEYORS, INC. 1111111 VIII VIII 1111111 III 1111111 VIII III VIII IIII U
9299 Eastman Park Drive 3304698 07/2012005 02:31P Weld County, CO
Windsor, Colorado 8(1550 6 of 7 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
(970) 686-5011
Project Number: 2004043 (January 29, 2004)
(File: M:\2004043\esmt-al.wpd)
•
BLOCK 8, CLAYTON'S 1ST SUB
UTILITY EASEMENT EXHIBIT "DIN BLOCK 4, CLAYTON'S 2ND SUB
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Block 8
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IfINC Sl1RKETORS, INC. PROJECT NO: 2004043
`one 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: Jan. 29, 2004
AI
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: WELD COUNTY
WWW.KINGSURVEYORS.COM DWG: 2004043esmt—a 1
..
Highland Meadows Pk w
Security Title Guaranty Co. � .; 7791 y#A
Windsor, CO 80528
Phone: (970)266-9870
Fax: (970)266-9879
Thank you for giving us the opportunity to provide your closing
and settlement services
DELIVERY TRANSMITTAL
DATE: July 29,2005
FILE NO.: S0075643
PROP.ADDR.: TBD, Greeley, CO 80631
OWNER/BUYER: Greeley Urban Renewal Authority/Weld County,Colorado
Below is a list of clients to whom the attached materials have been delivered. Should you have any questions
regarding these materials,please contact Security Title Guaranty Co.at the above phone number.
Please review the attached materials carefully.
Please Deliver To The Customers Listed Below:
TO: Security Title Guaranty Co. ATTN: Carrie Walker
Windsor PHONE: (970)266-9870
7791 Highland Meadows Pkwy#A FAX: (970)266-9879
Windsor,CO 80528 E-MAIL: cwvalker@stgco.com
DELIVERY: E-MAIL
❑If checked,supporting documentation enclosed NO. OF COPIES: 1
TO: Greeley Urban Renewal Authority ATTN:
1100 10th Street PHONE:
Greeley,CO 80631 FAX:
E-MAIL:
DELIVERY: DELIVER
❑ If checked,supporting documentation enclosed NO. OF COPIES: 1
TO: Weld County, Colorado ATTN:
915 10th Street PHONE:
Greeley, CO 80631 FAX:
E-MAIL:
DELIVERY: DELIVER
❑ If checked,supporting documentation enclosed NO. OF COPIES: 1
o
O5-03 . GQIIO.S'-/SeR
07/29/2005 2:32:25 jhd KBE File No.: 50075643
STANDARD
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
Security Title Guaranty Co.
AS AGENT FOR
First American Title Insurance Company
INFORMATION
The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on
which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title,
subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form,if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction
may affect the Commitment and the Policy.
The Commitment is subject to its Requirements,Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD
READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE
COMMITMENT PLEASE CONTACT THE ISSUING OFFICE.
AGREEMENT TO ISSUE POLICY
First American Title Insurance Company, referred to in this commitment as the Company, through its agent Security
Title Guaranty Co.,referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this
commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this commitment
becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in the Commitment have not been met within six months after the Commitment date, our
obligation under this Commitment will end. Also our obligation under this Commitment will end when the Policy is issued
and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A. The Requirements in Schedule B-1.
The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this
Commitment.
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached.
07/29/2005 2:32:25 jlid KBE File No.: S0075643
CONDITIONS
DEFINITIONS
(a) "Mortgage"means mortgage,deed of trust or other security instrument.
(b) "Public Records"means title records that give constructive notice of matters affecting the title according to state law where the
land is located.
(c) "Land" means the land or condominium unit described in Schedule A and any improvements on the land which are real
property.
2. LATER DEFECTS
The Exceptions in Schedule B—Section 2 may be amended to show any defects,liens or encumbrances that appear for the first time in
public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B—
Section 1 are met.We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B,we may amend Schedule B to show
them.If we do amend Schedule B to show these defects,liens or encumbrances,we shall be liable to you according to Paragraph 4 below
unless you knew of this information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment,when you have met its Requirements. If we have any
liability to you for any loss you incur because of an error in this Commitment our liability will be limited to your actual loss caused by
your relying on this Commitment when you acted in good faith to:
• comply with the Requirements shown in Schedule B-Section I or
• eliminate with our written consent any Exceptions shown in Schedule B-Section 2.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms
of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence,which you may have against us concerning the title to the land must be based on this
Commitment and is subject to its terms.
DISCLOSURES
GAP PROTECTION
When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction,
the Company shall be responsible for all matters which appear on the record prior to such time of recording or filing.
MECHANIC'S LIEN PROTECTION
If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance.
If the property being purchased has not been the subject of construction,improvements or repair in the last six months prior to the date
of this commitment,the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by
the seller.
If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment, the
requirements may involve disclosure of certain financial information,payment of premiums,and indemnity,among others.
The general requirements stated above are subject to the revision and approval of the Company.
SPECIAL TAXING DISTRICT NOTICE
The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained
from the county treasurer or the county treasurer's authorized agent; and 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.
PRIVACY PROMISE FOR CUSTOMERS
We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the
customer,or are required by law.
CONSUMER DECLARATION STATEMENT
This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been
severed, leased, or otherwise conveyed from the surface estate. If such reference is made, 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. The referenced mineral estate may
include the right to enter and use the property without the surface estate owner's permission. You may be able to obtain title insurance
coverage regarding any such referenced mineral estate severance and its affect upon your ownership. Ask your title company
representative for assistance with this issue.
Security Title Guaranty Co.
7791 Highland Meadows Pkwy#A
Windsor, CO 80528
Phone: (970)266-9870
Fax: (970)266-9879
COMMITMENT
SCHEDULE A
Commitment No: S0075643
1. Commitment Date: July 25,2005 at 8:00 a.m.
2. Policy or Policies to be issued: Proposed Insured: Policy Amount
(a) Owner's Policy $ 220,134.00
Weld County, Colorado, a body corporate and politic of the State of Colorado
3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by:
Greeley Urban Renewal Authority
4. The land referred to in this Commitment is described as follows:
See Exhibit A attached hereto and made a part hereof.
(for informational purposes only) TBD, Greeley, CO 80631
PREMIUM:
Owners Coverage $ 544.00 Tax Certificate $ 100.00
07/29/2005 2:32:41 jhd KBE
07/29/2005 2:32:25 jhd Kf3L File No.: S0075643
Exhibit A
Parcel 1
Lot 24 and the North 5 feet of Lot 25,
Block 25,
Clayton Park,
City of Greeley,
County of Weld,
State of Colorado.
Parcel 2
Lot 3,Block 25,
In Clayton Park Subdivision
to the City of Greeley,
County of Weld,
State of Colorado.
Parcel 3
Lot 2, Block 25,
Clayton Park,
City of Greeley,
County of Weld,
State of Colorado.
Parcel 4
Lot 1,Block 25,
Clayton Park,
City of Greeley, together with that portion of B Street as vacated in Ordinance No. 7,
recorded December 28, 1977 in Book 818 at Reception No. 1739824, County of Weld,
State of Colorado.
07/29/2005 2:32:25 jhd KBE File No.: 50075643
Form No. 1344-B1 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B—Section 1
Requirements
The following requirements must be met:
a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured.
b. Pay us the premiums, fees and charges for the policy.
c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent.
d. Provide us the "Affidavit and Indemnity" signed by the parties listed in Paragraph 3, Schedule A of this
Commitment and notarized.
e. The following documents satisfactory to us must be signed, delivered and recorded:
1. Warranty Deed sufficient to convey the fee simple estate or interest in the land described or
referred to herein, to the Proposed Insured, Schedule A, Item 2(a).
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER
SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF
C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING).
07/29/2005 2:32:25 jhd KBE File No.: 50075643
Form No. 1344-B2(CO-88)
ALTA Plain Language Commitment
SCHEDULE B—Section 2
Exceptions
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:
1. Taxes and Assessments not certified to the Treasurer's Office.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easements,not shown by public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the land would disclose, and which are not shown by the public records.
5. 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.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Terms, conditions, provisions, agreements and obligations contained in the Contract to Exchange Real
Estate recorded July 20, 2005 at Reception No. 3304698.
NG -
S ct x yti�l• iCrtla tyOo uSBANK
CHECtCN., (�U'�$5 1
7791 H gt nd Meadows Pkwy#A ', : F'.13 Nfi or,CO,,,�529
(� 9970 5 $E3 to
. ; = ,, 08101/2005 CU073228-348 CWB $181.290.66
PAY' NEHUtdt7} EI III IEff 0NETH0US•ANDTWOHUNDt E THI ' 'Y DOLLARSarlid66/ilffi,100.TETLE'
`ESCROWTR TRCCOUNT
TO NE (ELL COUNTY, COLORADO
ORDER 915"1OTH STREET
41F GREELEY,CO 80631 �g
�.. AVHARPGEASIAlfM'lilRE
POOL8597711■ r: LO200002L' 10367400878611'
Escrow No. C0073228 -348 CWB Check Date: 08/01/2005 Check No. 00185977
DESCRIPTION. . , =1, .-. . CODE AMOUNTy, . ,1 5DESCRIPTIO1 . . .. .m:( '.. `:CODE , :oAMOUNT
Proceeds $191,230.66
Check Total $191,230.66
Seller/Buyer: Weld County/Greeley Urban Renewal Authority
Property Address: Vacant Land Greeley, CO 80631
Tax Parcel Id: Memo:
SECURITY TITLE GUARANTY CO.
7791 Highland Meadows Pkwy#A,Windsor,CO 80528
(970)266-9870Fax: (970)266-9879
\5-41/4Lb15E41t 1 S CLOSING STATEMENT
FINAL
Seller: Weld County,Colorado 1.51-Pa r Escrow No: C0073228-348 CWB
Close Date: 08/01/2005
Proration Date: 08/01/2005
Property: Vacant Land
Greeley,CO 80631
Lengthy Legal-See Attached
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TOTAL CONSIDERATION:
Total Consideration 192,400.00
ESCROW CHARGES
Closing Fee to Security Title Guaranty Co. 150.00
TITLE CHARGES:
Tax Certificate to Security Title Guaranty Co. 100.00
Owners Coverage(Food Bank)to Security Title Guaranty Co. 875.00
RECORDING FEES:
Record Deed(Food Bank)to Clerk and Recorder 11.00
ADDITIONAL CHARGES:
Final Water(Stoll Prop)to City of Greeley 33.34
Sub Totals 1,169.34 192,400.00
Proceeds Due Seller 191,230.66
Totals $192,400.00 $192,400.00
APPROVED AND ACCEPTED
Sales or use taxes on personal property not included. SECURITY TITLE GUARANTY CO.assumes no responsibility for the adjustment of special taxes
or assessments unless they are shown on the Treasurer's Certificate of Taxes Due. The condition of title to the property is to be determined by reference to
the title evidence provided by Seller or by personal investigation. The above statement of settlement is approved as of the settlement date shown above and
Escrow Holder is hereby authorized to disburse as Trustee funds as indicated.
Weld County,Colorado, a body corporation and politic of the
State of Colorado O)st party)
By:
Broker/Agent
Closing Agentsstlfrpt 2/9/05 Secun41 .116;,:c
itle Guaranty Co..
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission(CL8-5-04)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL
BEFORE SIGNING.
CLOSING INSTRUCTIONS AND EARNEST MONEY RECEIPT
1. PARTIES, PROPERTY. Weld County, Colorado,a body corporation and politic of the State of Colorado,Seller,and Greeley Urban Renewal
Authority,Buyer,engage Security Title Guaranty Co.,Closing Company,who agrees to provide closing and settlement services in connection with the
closing of the following described real estate in the County of Weld,Colorado,:See Attached
also known as:104 11th Avenue,Greeley,CO 80631
2. INFORMATION, PREPARATION. Closing Company is authorized to obtain any information necessary for the closing. Closing Company agrees to
prepare,deliver,and record those documents (excluding legal documents)that are necessary to carry out the terms and conditions of the Contract to Buy
and Sell Real Estate,dated 5/25/05,including any counterproposals and amendments(Contract).
3. CLOSING FEE. Closing Company will receive a fee not to exceed$150 for providing these closing and settlement services.
4. GOOD FUNDS. Closing Company is authorized to receive funds and to disburse when all funds received are either: (a) available for immediate
withdrawal as a matter of right from the financial institution in which the funds have been deposited or(b)are available for immediate withdrawal as a
consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn
(Good Funds).
5. RELEASE,DISBURSEMENT. Closing Company is not authorized to release any signed documents,or things of value prior to receipt and disbursement
of Good Funds,except as provided in sections 10 and 11.
6. DISBURSER. Closing Company shall disburse all funds,including real estate commissions,except those funds as may be separately disclosed in writing
to Buyer and Seller by Closing Company or Buyer's lender on or before closing. All parties agree that no one other than the disburser can assure that payoff
of loans and other disbursements will actually be made.
7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of closing as indicated: O Cashier's Check,at Seller's Expense ID Funds
Electronically transferred(wire transfer)to an account specified by Seller,at Seller's expense Ig Closing Company's trust account check.
8. FURNISH INFORMATION AND DOCUMENTS. Buyer and Seller will furnish any additional information and documents required by Closing
Company that will be necessary to complete this transaction.
9. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate,complete and detailed closing statement to Buyer and Seller at time of
closing.
10. FAILURE OF CLOSING. If closing or disbursement does not occur on or before Closing Date set forth in the Contract,Closing Company,except as
provided herein,is authorized and agrees to return all documents,monies,and things of value to the depositing party,upon which Closing Company will be
relieved from any further duty,responsibility or liability in connection with these Instructions. In addition, any promissory note,deed of trust or other
evidence of indebtedness signed by Buyer,shall be voided by Closing Company,with the originals returned to Buyer and a copy to Buyer's lender.
It. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Eamest Money and things of value held by Closing Company
(notwithstanding any termination of the Contract or mutual written instructions), Closing Company shall not be required to take any action. Closing
Company may await any proceeding,or at its option and sole discretion,interplead all parties and deposit any money or things of value into a court of
competent jurisdiction and shall recover court costs and reasonable attorney and legal fees.
12. SUBSEQUENT AMENDMENTS. Any amendments to,or termination of,these Closing Instructions must be in writing and signed by Buyer,Seller and
Closing Company.
13. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial
portion of the proceeds of this sale when Seller either(a)is a foreign person or(b)will not be a Colorado resident after closing. Seller should inquire of
Seller's tax advisor to determine if withholding applies or if an exemption exists.
14. ADDITIONAL PROVISIONS (The following additional provisions have not been approved by the Colorado Real Estate Commission.)
15. COUNTERPARTS. This document may be executed by Buyer,Seller and Closing Company,separately,and when each party has executed a copy,such
copies taken together shall be deemed to be a full and complete contract between the parties.
16. BROKER'S COPIES. Closing Company shall provide,to each broker in this transaction,copies of all signed documents that such brokers are required to
maintain pursuant to the rules of the Colorado Real Estate Commission.
17. NOTICE,DELIVERY AND CHOICE OF LAW.
a. Physical Delivery. Except as provided in§ 17b below,all notices must be in writing. Any notice to Buyer shall be effective when received by Buyer or
Selling Brokerage Firm,any notice to Seller shall be effective when received by Seller or Listing Brokerage Firm,and any notice to Closing Company shall be
effective when received by Closing Company.
b. Electronic Delivery. As an alternative to physical delivery,any signed documents and written notice may be delivered in electronic form by the
following indicated methods only: OFacsimile DE-mail ONone. Documents with original signatures shall be provided upon request of any party.
c. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of
Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado.
August 1,2005 August 1,2005 ��
�.� t�
Greeley Ilrhan Renewal Authority Weld County,Colorado
Frank Paquette,Administrator By:
Closing Company:Security Title Guaranty Co.
August 1,2005 By:
Carrie Walker
CLINSO4 File No.S0073228
CL8-5-04 CLOSING INSTRUCTIONS AND EARNEST MONEY RECEIPT
(TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY)
For Sale By Owner(FSBOI (Broker) engages Closing Company as Broker's scrivener to complete, for a fee not to exceed $
5.00 at the sole expense of Broker,the following legal documents:
El Deed El Bill of Sale ❑ Colorado Real Estate Commission Approved Promissory Note and ❑ Colorado
Real Estate Commission Approved Deed of Trust. Closing Company agrees to prepare, on behalf of Broker, the indicated legal
documents pursuant to the terms and conditions of the Contract.
The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for
the accuracy of the above documents.
Listing Brokerage Firm's Name: For Sale By Owner(FSBOI
Date: August 1,2005 By:
Broker For Sale By Owner
Closing Company: Security Title Guaranty Co.
Date August 1,2005 By:
Carrie Walker Title
EARNEST MONEY RECEIPT
Closing Company acknowledges receipt,on the date set forth below,of the Earnest Money in the amount of$ in the form of .
Closing Company: Security Title Guaranty Co.
Date August 1.2005 By:
Carrie Walker Title
CLINSO4 File No.S0073228
CL8-5-04 CLOSING INSTRUCTIONS AND EARNEST MONEY RECEIPT
SECURITY TITLE GUARANTY CO.
REAL ESTATE TAX/ASSESSMENT AGREEMENT
It is hereby understood and agreed that general taxes for the year of closing for property
known as 104 11th Avenue, Greeley, CO 80631 have been prorated based on the following:
❑ Taxes for the calendar year immediately preceding closing in the amount of
❑ Most recent Mill Levy of
Most recent Assessment of: $
Prorated on a total of: $
❑ Other No Tax Proration—Seller Tax Exempt
Seller warrants that property IS NOT subject to a pending tax protest and/or appeal.
It is agreed by the undersigned that the above adjustment shall be:
Q Considered a final settlement.
❑ Re-adjusted between the Buyer(s) and Seller(s) when the tax statement is available
from the County Treasurer.
❑ Re-adjusted between the Buyer(s) and Seller(s) as to any changes in the unimproved
land assessment or mill levy.
The Buyer(s) and Seller(s) assume responsibility for pursuing and effectuating any re-
adjustments. Security Title Guaranty Co. is released from any and all responsibility for
said re-adjustment.
Security Title Guaranty Co. assumes no responsibility for the adjustment of special taxes or
assessments or for the exception of these items in the conveyance. Seller(s) hereby warrants that
special assessments affecting subject property, including but not limited to Homeowners
Association dues or assessments, are paid in full, except as reflected on the statements of
settlement.
Dated this August 1, 2005
BUYER: SELLER:
Greeley Urban Renewal Authority Weld County, Colorado
Frank Paquette, Administrator By:
RETXAG File No.S0073228
Real Estate Tax Agreement
SECURITY TITLE GUARANTY CO.
S0073228 348 Carrie Walker
WATER& SEWER AGREEMENT
With regards to the closing of 104 11TH AVENUE, GREELEY, CO 80631 (Property Address), both the Buyer(s) and
Seller(s) fully understand that the telephone company, gas and electric companies, and the present hazard insurance agency
will NOT be notified by the escrow agent.
Based on information from:
Water Department Sewer Department Waste Water/
Storm Drainage
Metered O or Flat O Metered O or Flat O Metered O or Flat O
Service Dates From: From: From:
To: To: To:
Amount
$ $ $
OTHER:
❑HOA Based on information provided Water and Sewer are paid through the Homeowner's Association dues.
O Well/Septic Based on information provided,the property is serviced by a Well and a Septic system..
Based on the above information:
❑ Escrow agent has pro-rated account as per instructions.
❑ Escrow agent has ordered a final reading and has withheld $ from Seller's proceeds for final billing
statement and will refund unused balance to Seller.
❑ Escrow agent has withheld$_from Buyer for final billing statement and will refund unused balance to Buyer.
❑ Escrow agent has not adjusted . Adjustments as required will be made between parties and are not a
part of settlement.
•
In the event that final bill exceeds the escrowed amount, any additional charges are the responsibility of the Seller and/or
Buyer.
It is further understood and agreed between Seller and Buyer, that they hereby relieve escrow agent of all further liability and
responsibility regarding matters addressed in this agreement.
APPROVED AND ACCEPTED ON AUGUST 1.2005
BUYER: SELLER:
Greeley Urban Renewal Authority Weld County,Colorado
Frank Paquette,Administrator By: Frank Paquette, By:
Administrator
Buyer's Forwarding Address Sellers Forwarding Address
915 10th Street
Greeley, CO 80631
WASTEWAGI File No.50073228
Water and Sewer Agreement
AFFIDAVIT AND INDEMNITY
TO FIRST AMERICAN TITLE INSURANCE COMPANY
This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills that the
undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanic's or
materialmen's liens affecting the property for materials or labor furnished for the construction and erection,repairs
or improvements contracted by or on behalf of the undersigned on property located at:
104 11th Avenue,Greeley,CO 80631
and legally described as:
See Exhibit A attached hereto and made a part hereof.
We further represent that there are no public improvements affecting the property prior to the date of closing that
would give rise to a special property tax assessment against the property after the date of closing.
We further represent that there are no pending proceedings or unsatisfied judgments of record, in any Court,
State or Federal, nor any tax liens filed or taxes assessed against us which may result in liens, and that if there are
judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or
similar names,they are not against us.
We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests
relating to said premises of which we have knowledge.
We further represent that we are in sole possession of the real property described herein other than lease hold
estates reflected as recorded items under the subject commitment for title insurance.
We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any
association of homeowners which are provided for in any document referred to in Schedule B of Commitment
referenced herein.
We further understand that any payoff figures shown on the settlement statement have been supplied to Security
Title Guaranty Co. as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender
of the payoff to the lender. If the payoff figures are inaccurate, we hereby agree to immediately pay any
shortage(s)that may exist.
The undersigned affiant(s) know the matters herein stated are true and indemnifies First American Title Insurance
Company and Security Title Guaranty Co.against loss, costs, damages and expenses of every kind incurred by it
by reason of its reliance on the statements made herein.
This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is
given in addition to the conveyance and/or fmancing of the premises in consideration for the conveyance and/or
financing and forms a complete agreement by itself for any action thereon.
SELLER:
Weld County,Colorado
By:
STATE OF COLORADO
COUNTY OF WELD }SS:
The foregoing instrument was acknowledged, subscribed, and sworn to before me this 1st day of August, 2005 by
for Weld County,Colorado, a body corporation and politic of the State of
Colorado
(SEAL) Notary Public
My Commission Expires: 7/15/2009
AFFINDEM File No.50073228
Affidavit and Indemnity
Exhibit A
Lot Eight(8)and Nine(9),Block Four(4),Clayton's First Subdivision and Lots Six(6), and Seven(7),Eight(8)
and Ten(10),Block 8, Clayton's Second Subdivision,all in the City of Greeley, according to the recorded map or
plat thereof; together with all that portion of the vacated alley in Block 4, Clayton's First Subdivision and in Block 8,
Clayton's Second Subdivision,running North and South;and also together with all that portion of the vacated alley
lying South of Lots 6,7 and 8,Block 8,Clayton's Second Subdivision,and the South Half of that portion of the
vacated alley lying between Lot 5 and Lot 10,Block 8,Clayton's Second Subdivision. EXCEPTING
THEREFROM that part of the East Half of said vacated alley in said Block 4,Clayton's First Subdivision, lying
South of the North line of the South%3 of Lot 6, in said Block 4,extended Westerly,County of Weld, State of
Colorado.
LIMITED POWER OF ATTORNEY
That the Undersigned does hereby appoint Security Title Guaranty Co. to be my attorney in fact, to act for me
only as to the matters stated below:
Address of Property: 104 11th Avenue,Greeley,CO 80631
Legal Description: See Attached
Date of Closing: August 1,2005
Name of Seller: Weld County,Colorado
Name of Buyer/Borrower: Greeley Urban Renewal Authority
Name of Lender making new loan:
Name of 2n°Lender making loan:
Refinance of loan between(Borrower)
and(Lender)
POWERS:
In the event a clerical or typographical error is discovered on any document pertaining to this transaction, my
agent is hereby authorized to correct any clerical or typographical error and to initial, sign, seal and deliver as my
act, any instrument which my agent determines to be necessary to effectuate the correction. Specifically, my agent
may make a correction limited to the matters stated below on an original document, and is authorized to rerecord
that original document where appropriate. The undersigned declares that any and all corrections made by my agent
shall be as valid as if they had been initialed, signed, and delivered by me personally. The undersigned ratifies
whatsoever my said agent shall lawfully do or cause to be done in the correction of clerical and typographical
errors as limited below.
LIMITATIONS:
My agent is authorized to correct clerical and typographical errors as to the names of the parties to this transaction;
the legal description or street address of the real property which is the subject of this transaction; and the date of any
document.
My agent is not authorized to make any changes or corrections as to the interest rate stated on the deed of trust or
promissory note; the amount of principal indebtedness stated on the deed of trust or promissory note; or the amount
of consideration stated on the Deed.
This Power of Attorney is made of my own free will for the purpose of facilitating necessary corrections. The
undersigned understands that signing this Power of Attorney is not mandatory.
This Power of Attorney shall continue to be effective even though I become disabled, incapacitated, or
incompetent.
IN WITNESS WHEREOF,I have hereunto set my hand and seal this August 1,2005.
BUYER: SELLER:
Greeley Urban Renewal Authority Weld County, Colorado
Frank Paquette, Administrator By:
STATE OF COLORADO }SS:
COUNTY OF Weld
The foregoing instrument was acknowledged before me this 1st day of August,2005 by
for Weld County,Colorado and Frank Paquette,Administrator Greeley Urban Renewal Authority
Notary Public
Witness my hand and official seal.
My Commission expires: 7/15/2009
LIMITPOA File No.50073228
Limited POA
REAL PROPERTY TRANSFER DECLARATION
(TD-1000)
Escrow No. S0073228
GENERAL INFORMATION
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(I)(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 Completed 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 .025% (.00025)of the sale 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. Refer to 39-5-121.5,C.R.S and 39-13-I02(5)(c),C.R.S.
1. Address and/or legal description of real property: Please do not use P.O.Box numbers.
104 11th AvenueGreeley,CO 80631
2. Type of property purchased: O Single Family Residential O Townhome O Condominium O Multi-Unit Res
❑ Commercial O Industrial O Agricultural O Mixed Use O Vacant Land O Other
3. Date of Closing:
Aueust1,2005
Month Day Year
Date of Contract if different from date of closing:
5/25/2005
Month Day Year
4. Total sale price: Including all real and personal property.
$192,400.00
5. Was any personal property included in the transaction? Personal property would include,but is not limited to,carpeting,draperies,
free standing appliances,equipment,inventory,furniture. If the personal property is not listed,the entire purchase price will be assumed to be
for the real propey as per 39-13-102,C.R.S.
❑ Yes LAY No If yes,approximate value$ Describe
6. Did the total sale price include a trade or exchange of additional real or personal property? If yes,give the approximate value
of the goods or services as of the date of closing.
❑ Yes O No If yes,value$
If yes, does this transaction involve a trade under IRS Code Section 1031? O Yes O No
7. Was 100% interest in the real property purchased? Mark"no"if only a partial interest is being purchased.
p/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 persons within the
same family,buslp�eess affiliates,or affiliated corporations.
❑ Yes avNo
9. Check any of the following that apply to the condition of the improvements at the time of purcha
❑ New O Excellent O Good O Average 0 Fair O Poor O Salvage. I
If the property is fmanced,please complete the following.
10. Total amount financed: $
11. Type of financing: (Check all that apply)
❑ New
❑ Assumed
❑ Seller
❑ Third Party
❑ Combination; Explain
12. Terms:
❑ Variable; Starting interest rate
❑ Fixed; Interest rate
Length of time years
Balloon payment O Yes O No If yes,amount$ Due date
13.Mark any that apply: O Seller assisted down payments, O Seller concessions, 0 Special terms or financing.
If marked,please specify:
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.
RPTRNSFR File No.80073228
Real Property Transfer Declaration
14. Did the purchase price include a franchise or license fee? 0 Yes O No
If yes,franchise or license fee value$
15. Did the purchase price involve an installment land contract? 0 Yes O No
If yes, date of contract
16. If this was a vacant land sale,wai an on-site inspection of the property conducted by the buyer prior to the closing?
0 Yes O No
Remarks: Please include any additional information concerning the sale you may feel is important.
17. Signed this August 1,2005.
Enter the day, month, and year, have at least one of the parties to the transaction sign the document, and include an address and a daytime phone
number. Please designate buyer or seller.
Greeley Urban Renewal Authority
Signature of Grantee(Buyer) 9 Or Grantor(Seller)❑
18. All future correspondence(tax bills,property valuations,etc.)regarding this property should be mailed to:
Address(mailing) Daytime Phone
City,State and Zip Code
11111 11111 11/200511111109 3312109 08/ 02:23P Weld County, CO
1 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder
WARRANTY DEED {\-0 t c
THIS DEED,Made this 1st day of August,2005 between
Greeley Urban Renewal Authority
of the County of Weld, State of Colorado,grantor and
Weld County,Colorado,a body corporate and politic of the State of Colorado
whose legal address is: 915 10th Street,Greeley,CO 80631
of the County of Weld, State of Colorado, grantee:
WITNESSETH,That the grantor for and in consideration of the sum of Two Hundred Twenty Thousand
One Hundred Thirty-Four Dollars and NO/100's($220,134.00)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,his heirs and assigns forever,all the real property together with
improvements, if any, situate, lying and being in the City and County of Weld,and State of COLORADO,
described as follows:
See Exhibit A attached hereto and made a part hereof.
C5
also known by street and number as TBD, Greeley,CO 80631
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, of,
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,his heirs and assigns forever. And the grantor,for himself,his heirs,and personal
representatives,does covenant,grant,bargain and agree to and with the grantee,his heirs and assigns,that at ry
the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed,
has good,sure,perfect, absolute and indefeasible estate of inheritance, in law,in fee simple,and has good
right, full power and lawful 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 all taxes and
assessments for the current year,a lien but not yet due or payable, and those specific Exceptions described by
reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with
section 8a"Title Review",of the contract dated 5/25/2005,between the parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable possession of the grantee his heirs and assigns,against all and every person or persons
lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the �-'
singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
SELLER:
Gre\ ey Urban e Authoritywa
CARRIE WALKER 3�
� N0TAR COLORADO
F a Paquette,Administrator STATE OF
July 15 20119
STATE OF COLORADO My Comm1S1°°Expires
COUNTY OF Weld }SS:
The foregoing instrument was acknowledged before me this 1stlday of August,2005 by Frank J.Paquette,
administrator for Greeley Urban Renewal Authority JI
\ 1
11V`j
Notary Public
Witness my hand and official seal.
My Commission expires: 7/15/2009
WDPHOTO Security Title
Warranty Deed(For Photographic Record) :"--.4"-;/-7(A) _ File No.S0075643
VIIIllJfl "Lt'iJ'Ji ''LJ'J'J
331210908/11005
2 of 2 ft 11.00 0 0.00 Steve Moreno Clerk& Recorder
Exhibit A
Parcel 1
Lot 24 and the North 5 feet of Lot 25,
Block 25,
Clayton Park,
City of Greeley,
County of Weld,
State of Colorado.
Parcel 2
Lot 3, Block 25,
In Clayton Park Subdivision
to the City of Greeley,
County of Weld,
State of Colorado.
Parcel 3
Lot 2, Block 25,
Clayton Park,
City of Greeley,
County of Weld,
State of Colorado.
Parcel 4
Lot 1, Block 25,
Clayton Park,
City of Greeley,together with that portion of B Street as vacated in Ordinance No. 7,
recorded December 28, 1977 in Book 818 at Reception No. 1739824,County of Weld,
State of Colorado.
The printed portions of this form have been approved by the Colorado Real Estate Commission(CL8-9-95)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE
SIGNING.
• CLOSING INSTRUCTIONS
1. Greeley Urban Renewal Authority (SELLER) and Weld County, Colorado, a body corporate and politic of the State of Colorado (BUYER) engage
Security Title Guaranty Co.(CLOSING COMPANY),who agrees to provide closing and settlement services in connection with the closing of the following
described real estate in the County of Weld,Colorado,to wit:
See Exhibit B attached-Stoll Property
•
also known as:TBD,Greeley,CO 80631
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 5/25/2005 with any counterproposals and amendments attached
(CONTRACT).
•
3. Closing Company will receive a fee not to exceed$150 for providing these closing and settlement services to be the expense of_
4. Closing Company is authorized to receive funds and to disburse funds when all funds received are either: available for immediate withdrawal as a matter of right
from the financial institution in which the funds have been deposited,or are available for immediate withdrawal as a consequence of an agreement of a financial
institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn("Good Funds"). Funds received by the Closing
Company may be deposited into a general escrow account maintained by the Closing Company.
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 I I.
6. Closing Company shall disburse all funds,including real estate commissions,except those funds as may be separately disclosed in writing to Buyer and Seller by
Closing Company or Buyer's lender on or before closing. All parties agree that no one other than the disburser can assure that payoff of loans and other
disbursements will actually be made.
7. Seller will receive the net proceeds of closing as indicated: ❑ Cashier's Check at Seller's Expense, O Funds electronically transferred(wire transfer)to
an account specified by the Seller,at Seller's expense;or O Closing Company's trust account check.
8. Buyer and Seller will furnish any additional information and documents required by Closing Company which will be necessary to complete this transaction.
9. Closing Company will prepare and deliver an accurate,complete and detailed closing statement to Buyer and Seller at time of closing.
10. If closing does not occur, Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the
depositing party and Closing Company will be relieved from any further duty,responsibility or liability in connection with these instructions. In addition,any
promissory note,deed of trust,or other evidence of indebtedness signed by Buyer,shall be voided by Closing Company,with the original(s)returned to Buyer
and a copy to Buyer's lender.
II. If any conflicting demands are made on the Closing Company,at its sole discretion,Closing Company may hold any monies,documents,and things of value
received from any party except Buyer's lender. Closing Company shall retain such items until(1)receipt of mutual 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 attorney's fees.
12. These closing instructions may only be 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.
APPROVED AND ACCEPTED
August I,2005
SELLERS:
Greeley Urban Renewal Authority
Frank Paquette,Administrator at
BUYERS:
Weld County,Colorado a body corporate and politic of the State of ✓
Colorado
By:
Closing Company:Security Title Guaranty Co.
By: August 1.2005
Carrie Walker
(TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY)
For Sale By Owner(FSBO) (Broker)engages Closing Company as Broker's Scrivener to complete,for a fee not to exceed $5_00 at the sole expense of Broker,
the following legal documents:
H Deed ® Bill of Sale O Colorado Real Estate Commission Approved Promissory Note and
O Colorado Real Estate Commission Approved Deed of Trust
The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for the accuracy of the above
documents.
Closing Company shall pay real estate commissions at disbursement as follows:
Listing Company, For Sale By Owner(FSBO) paid by Seller(s)
Selling Company, For Sale By Owner(FSBO) paid by Listing Comoanv
Other paid by Other %Q
By: By:
For Sale By Owner(FSBO),For Sale By Owner Security Title Guaranty Co.
Date August 1,2005 Date August 1,2005
CLSINSTR File No.50075643
Closing Instructions
SECURITY TITLE GUARANTY CO.
REAL ESTATE TAX/ASSESSMENT AGREEMENT
It is hereby understood and agreed that general taxes for the year of closing for property
known as TBD, Greeley, CO 80631 have been prorated based on the following:
❑ Taxes for the calendar year immediately preceding closing in the amount of
❑ Most recent Mill Levy of
Most recent Assessment of: $
Prorated on a total of: $
❑ Other No tax proration-seller tax exempt
Seller warrants that property IS NOT subject to a pending tax protest and/or appeal.
It is agreed by the undersigned that the above adjustment shall be:
I?! Considered a final settlement.
❑ Re-adjusted between the Buyer(s) and Seller(s) when the tax statement is available
from the County Treasurer.
❑ Re-adjusted between the Buyer(s) and Seller(s) as to any changes in the unimproved
land assessment or mill levy.
The Buyer(s) and Seller(s) assume responsibility for pursuing and effectuating any re-
adjustments. Security Title Guaranty Co. is released from any and all responsibility for
said re-adjustment.
Security Title Guaranty Co. assumes no responsibility for the adjustment of special taxes or
assessments or for the exception of these items in the conveyance. Seller(s) hereby warrants that
special assessments affecting subject property, including but not limited to Homeowners
Association dues or assessments, are paid in full, except as reflected on the statements of
settlement.
Dated this Anaust 1, 2005
BUYER: SELLER:
Weld County, Colorado a body corporate and Greeley Urban Renewal Authority
politic of the State of Colorado
Frank Paquette, Administrator
By:
RETXAG File No.50075643
Real Estate Tax Agreement
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