HomeMy WebLinkAbout20051501.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR
TO SIGN NECESSARY DOCUMENTS - BRAD LINKUS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with an Agreement Concerning the Purchase
of Right-of-Way for Certain Improvements to Weld County Road 13 between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf
of the Department of Public Works,and Brad Linkus,P.O. Box 188,Dacono,Colorado 80514,with
terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement Concerning the Purchase of Right-of-Way for Certain
Improvements to Weld County Road 13 between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County,on behalf of the Department of Public
Works, and Brad Linkus be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to
sign any necessary documents.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 16th day of May, A.D., 2005.
ES BOARD OF COUNTY COMMISSIONERS
1 ® ` WELD COUNTY, COLORADO
1861 � �
,At #1—` 't .--X
,?r.-,�� ` William H. J e, Chair
pm/ • . o . y Clerk to the Board
Th
scil- `� /57 --1--/-71
L�Y � M. J. ile, PrgrTL
BY: � s��� �/Y1
Deputy Clerk to the Board �' r
Da ' E. Long
APP AS M: .
Robe
. Masde
ount A nei �g%ZKla'
Glenn Vaad
Date of signature: -O Sig-
2005-1501
cc ..
PL, PW, tnnTT"I� EG0052
Kita
MEMORANDUM
TO: Clerk to the Board DATE: May 9, 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 for WCR 13 with Brad
A. Linkus.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\Francie\Agend-Leon.doc
-n
`'
2005-1501
714
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 13 BETWEEN BRAD A. LINKUS AND WELD COUNTY,
COLORADO
5
THIS AGREEMENT is made this day of ,2005,by and between Brad A.
Linkus,whose address is PO Box 188,Dacono,Colorado 80514,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 Five Thousand Three Hundred Forty Two and no/100
($5342.00) dollars. This consideration is being offered in lieu of condemnation
Page 1 of 3 Pages
1 111111 11111 11111 111111 11111 11111111111 111 11111 IIII IIII
3290714 06/01/2005 11:47A Weld County, CO
1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
oj'9 2s-/3 ,
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. County agrees to reimburse the Owner the sum of One Thousand Six Hundred Fifty
Eight and no/100 ($1658.00) dollars for the removal and replacement of
approximately 740 if of existing fence located along the present road right-of-way
line. The fence shall be removed prior to the beginning of construction, which is
scheduled to begin approximately June 1, 2005.
9. County agrees to reimburse the Owner the sum of Four Hundred and no/100
($400.00) dollars for the relocation of the motorcross dirt track presently located
within the proposed right-of-way. The relocation shall be completed prior to the
beginning of construction,which is scheduled to begin approximately June 1, 2005.
Page 2 of 3 Pages
1111111 IIIII IIIII IIIII1 IIIII 111111 IIIII III IIIII IIII IIII
3290714 06/01/2005 11:47A Weld County, CO
2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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.
Brad A. Linkus Owner
ATTEST: Ju ya 4 'J�uti BOARD OF COUNTY COMMISSIONERS
EL
WELD COUNTY, STATE OF
•
RADO
Weld County Clerk to the Board p�
1861 cmay
By: i/ -zgf' jer___<....."
r'g 1-01,,
Deputy Clerk to the Board - - William H. Jerke, Chairman
MAY 16 2005
Page 3 of 3 Pages
I DM VIII In 11111111111111111 III 11111 IIII III
3290714 06/01/2005 11:47A Weld County, CO
3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder <Reel _/JCS
EXHIBIT A
DEED DESCRIPTION
1528-203-070.01 3070-DD-15.DOC
SHEET 1 OF 2
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 2222449,WELD COUNTY PUBLIC
RECORDS,LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24,TOWNSHIP 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 NORTHEAST CORNER OF WHICH BEING A NO. 6 REBAR WITHA 2 1/2"ALUM CAP, L.S. 28258.
-THE EAST QUARTER CORNER OF WHICH BEING A NO. 6 REBAR WITHA 2"ALUM. CAP,L.S. 25937.
COMMENCING AT SAID EAST QUARTER CORNER OF SECTION 24;
THENCE N 89°52'30"W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 24
A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
THENCE N 89°52'30"W CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 30.00 FEET;
THENCE N 00°06'35"W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO THE
WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13,A DISTANCE OF 738.56 FEET TO A
POINT ON THE NORTHERLY LINE OF SAID PARCEL OF LAND RECORDED AT RECEPTION NO. 2222449;
THENCE N 8993'25"E ALONG SAID NORTHERLY LINE A DISTANCE OF 30.00 FEET TO A POINT ON
SAID WESTERLY RIGHT-OF-WAY LINE;
THENCE S 00°06'35"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 738.68 FEET
TO THE POINT OF BEGINNING;
CONTAINING 22,161 SQ.FT. OR 0.5088 ACRE 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 . KING.
N.
i„v REA,
'.15 l
6' , r;v %
a:
CHRISTOPHER H.McELVAIN, 1 0 /OUr'O
PROFESSIONAL LAND SURVEYOR Elie
COLORADO REGISTRATION NO. 36561, 'tl SS�•�•'. _
FOR AND ON BEHALF OF itP!L'AL LAN°
JeHN ENGINEERING,INC.
5855 WADSWORTH BYPASS#A-100
ARVADA, CO. 80003
1111111 11111 11111 111111 11111 111111 liii! Ill 11111 HMI
3290714 06/01/2005 11:47A Weld County, CO
4 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
NE FOR SEC 24 E X H 131 T \/ A P A
...„.iL WITH FOUND g6 REBAR
2 ALUM. CAP
LS LS 25255. 1999
_ 58925.56-E -�C�R (3 _ 559'36.57"E_ SHEET 2 OF 2
2613.85' 2571.90'
N1/4 COR SEC 19
�_ 'O y
N1/4 COR SEC 24
FOUND #6 REBAR O O
FOUND #6 REBAR WITH 2-1/2" ALUM. CAP fJ
WITH 2-1/2" ALUM. CAP 30 30 LS 25656/1993 C
LS 24305. 2001 I 0
Ica aD
Y
Z'y
C_
o
=
�0
31 9 N
m n O III O
eIaa IC-
3- �_Q
wm,� ivy
o
r
-1-O Il o
O
E -N
F ��0
a —00
a tC00
O Q
MOM Mr
zRICHARD S. RALPH Miii C al o
is
-N
0 Iiimm150 300 —M LO
U
O
FP`0212 1 INCH = 300 FEET
a R
DATE: 8.27.04
`U-w in
0mIn
Z m
W N
I
z
REG/S
ROXY F. VENDENA i I • I •
•▪ 38561 z:
N 89'53'25 E I S��` ./
30.00' LOT 1 -mum. Uk\
MOUNTAIN VIEW ESTATES
MINOR SUBDIVISION PLAT MOTE:
I
THIS IS NOT A LAND SURVEY PLAT OR
rp ,,' IMPROVEMENT SURVEY PLAT. NO MONUMENTS
pj
PARCEL 15 - _'.e.{ I WERE SET FOR THE PREPARATION OF
O.N. FC25031289 m Yp, THE ATTACHED LEGAL DESCRIPTION.
146724000039 n -._9 DEBRA DORMAN
BRAD A. LINKUS 'i EXHIBIT MAP A
P.O. BOX 188 I DACONO Co. 80514 WELD COUNTY ROAD 13
REC. NO. 02222449 30 60'
1TRAD A. I INK(IS
SITE 5074 WCR 8 DACONO cc__ RIGHT-OF-WAY NE 1/4 SEC 24, T.1N., R.68W. 6TH PM,
In ACQUISITION AREA 22,161 S.F. COUNTY OF WELD, STATE OF COLORADO
-----`p2 - 0/4 COR SEC 19 ACQUISITION AREA 22,161 S.F.
FOUND
"-----------o IE G N411-1 3-1 4EBLUM. CAP 8.27.04 I DEED DESCRIPTION
M1 LS 7242, 1994
N 89'52'30' W z ni N 8952'30' w JN. 1528-03-070.01 I 3070—DD-15
30.00' 30.00' J e H N
N89'52'3D"W 2624.35' _ 589'44'46"E
SOUTH LINE OF THE 5235.43' k y7
NORTHEAST OUARTERJ POINT OF
C1 a COP SEC 24 sEC za (COMMENCEMENT --
/ POINT OF E1/4 CDR SEC 24 ENGINEERING J?
FOUND #6 REBAR BEGINNING FOUND #6 REBAR
WITH 2" ALUM. CAP WITH 2" ALUM. CAP C�/�- 5855 WAO0003 BYPASS,A-100
LS 25937, 1997 LS 25937, 1997 DEBRA DORMAN ARVADA,COa 80003
JOHN P. WOLKEN -'� PH-(3031423-6036 FA%(3031467-9438
W WJJ.JEHNENGINEERING.CDV
PP" LAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT
4617 W 20TH ST#2B "PURCHASERS"
GREELEY, Co 80634
La6d Title
GOARi�NTEEOM CPANY
PROIIPERTY ADDRESS: 5074 WELD COUNTY ROAD 8 DACONO CO 80514
SELLER(S) : BRAD A. LINKUS
BUYER(S) : COUNTY OF WELD, A BODY CORPORATE AND POLITIC
SETTLEMENT DATE: August 30, 2005 DATE OF PRORATION: August 30, 2005
ITEM DESCRIPTION Debit Credit
Sales Price 5,342. 00
Tax Report LAND TITLE GUARANTEE COMPANY 20. 00
Current Property Taxes 01/01/05-08/30/05 CO $0. 0737 17. 77
Cibsing Fee LAND TITLE GUARANTEE COMPANY 200. 00
Tax Certificates 20. 00
FENCE REMOVAL/REPLACEMENT 1, 658. 00
RELOCATION OF DIRT MOTOCROSS TRACK 400. 00
**** SubTotals **** 7, 640. 00 17. 77
Due From Buyer/Borrower 7, 622.23
Totals 7, 640. 00 7, 640. 00
The above figures do not include sales or use taxes on property.
APPROVED AND ACCEPTED
PURCHASER(S) : REAL ESTATE BROKER(S)
COUNTY OF MELD, A BODY CORPORATE AND POLITIC
By: '•[ //t B.^.
WILLIAM H. JERRE, CHAIR
�LANDD TITLE CLOSING
AGENT:
Y IV TI , LPL
Melinda Cualandri
ESCROW NO. : CR25031289
COMMITMENT NO. : 7C25031289
(2130840)
For 347 LTC1 The printed portion of this form is approved by the Colorado Real Estate Commission (BB-60-7-71)
"- I \-D1
LAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT
pp,
4617 W 20TH ST #2B "SELLERS"
GREELEY, CO 80634
Land Title
GUARANTEE COMPANY
PROPERTY ADDRESS: 5074 WELD COUNTY ROAD 8 DACONO CO 80514
SELLER(S) : BRAD A. LINKUS
BUYER(S) : COUNTY OF WELD, A BODY CORPORATE AND POLITIC
SETTLEMENT DATE: August 30, 2005 DATE OF PRORATION: August 30, 2005
ITEM DESCRIPTION Debit Credit
Sales Price 5,342. 00
Alta Owners Policy 10-17-92 193. 00
Record Release 47. 00
Current Property Taxes 01/01/05-08/30/05 @ $0. 0737 17. 77
FENCE REMOVAL/REPLACEMENT 1, 658. 00
RELOCATION OF DIRT MOTOCROSS TRACK 400. 00
**** SubTotals **** 257. 77 7, 400. 00
Due To Seller 7,142.23
Totals 7,400. 00 7,400. 00
The above figures do not include sales or use taxes on property.
SELLER(S) : APPROVED AND ACCEPTED
REAL ESTATE BROKER(S)
By: \�
BRAD A. LINIVS
LAND TITLE CLOSING AGENT:
Melinda Gualandri
ESCROW NO: CR25031289
COIcCITMENT NO: PC25031289
Form 348 LTO2 (05/04) The printed portion of this form is approved by the Colorado Real Estate Commission (SS-60-0-01)
P JRCHASER FINAL AFFIDAVIT AND AGREEMENT
RE: Commitment No. PC25031289 Escrow No. OR25031289
State of Colorado, County of WELD
RE: teal property and improvements located at:
5074 WELD in t r CO0514
h County of WELD State of Colorado, and more particularly described
as fol ows:
SEE =TIT 'A' ATTACHED HERETO AND MADE A PART HEREOF
Whereas, Land Title Guarantee Company has issued its Commitment No. PC25031289
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
Folic of Title Insurance, in connection with the property described in said commitment, do hereby make the
folio ing representations to Land Title Guarantee Company, with full knowledge and intent that said company
shall ely 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 clays, 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 August 30, 2005 .
That the full purchase price has been paid by said purchaser(s) to said Owner-Seller.
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
o nds necessary to complete the payoff.
x There are no existing leases or tenancies affecting said property.
If any deed of trust recorded against my property secures an open line of credit or a revolving line of
credit, I/we affirm that I/we have not drawn additional funds from the line of credit since the date of
the payoff statement from my/our lender to Land Title Guarantee Company.
I/We further agree and affirm that I/we will not make any further draws on the line of credit after the
date of this affidavit. I/We further affirm that I/we have not taken out any loans against our property
other than those shown on the above referenced commitment number.
In light of the foregoing facts and representations, the undersigned, in consideration of the issuance by Land
Title Guarantee Company of a policy of Title Insurance covering said property in the manner described by the
undersigned as set out above, hereby promise, covenant and agree to hold harmless, protect and indemnify
Land Title Guarantee Company, and any title insurance company that has issued an ALTA Policy of insurance
pursuant to the commitment described above, from and against those liabilities, losses, damages, expenses and
charges, including but not limited to reasonable attorneys' fees (including attorney's fees in the enforcement of
this agreement) and expenses of litigation arising out of any inaccuracies in the above representations.
Owner(s) Forwarding Address:
COUNTY OF WELD, A BODY CORPORATE AND POLITIC
P.O. HOE 758
GREELEY, CO 80632
STAVE OF COLORADO By:_ ,"".
Y: ' M '
I COUNTY OF WELD WILLIAM H. JHRFB, CHAIR
The f regoing instrument was acknowledged before
me o this day of August 30, 2005 ,
by W LLIAM H. JERKS, CHAIR OF THE COUNTY OF WELD, A BODY CORPORATE AND POLITIC
Witness my hand and official seal.
My clbImmission expires:
Form Y91 AFF.PUR 11/14/03 FINAL AFFIDAVIT & AGREEMENT (Purchaser) Notary Public Printed: August 05, 2005
EXHIBIT A
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 2222449, WELD COUNTY
PUBLIC RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 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 DEGREES 06' 35" W AND
MONUMENTED AS FOLLOWS:
THE NORTHEAST CORNER OF WHICH BEING A NO. 6 REBAR WITH A 2 1/2" ALUM. CAP,
L.S. 28258
THE EAST QUARTER CORNER OF WHICH BEING A NO. 6 REBAR WITH A 2" ALUM. CAP, L.S.
25937 .
COMMENCING AT SAID EAST QUARTER CORNER OF SECTION 24;
'THENCE N 89 DEGREES 52'30" W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 24 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
THENCE N 89 DEGREES 52' 30" W CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF
( 30.00 FEET;
THENCE N 00 DEGREES 06'35" W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING
PARALLEL TO THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13, A DISTANCE
OF 738.56 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL OF LAND
j RECORDED AT RECEPTION NO. 2222449;
THENCE N 89 DEGREES 53'25" E ALONG SAID NORTHERLY LINE A DISTANCE OF 30.00
FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE;
THENCE S 00 DEGREES 06' 35" E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE
OF 738.68 FEET TO THE POINT OF BEGINNING.
Form EXHIBITA 01/17/03 FC25031289
SELLER-OWNER FINAL AFFIDAVIT AND AGREEMENT
RE: Commitment No. PC25031289 Escrow No. GR25031289
State of Colorado, County of WELD
RE: Deal property and improvements located at:
5074 WELD COUNTY ROAD 8 DACONO CO 80514
in the County of WELD State of Colorado, more particularly described as follows:
SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF
Whereas, Land Title Guarantee Company has issued its Commitment No. FC25031289 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
Police 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:
l,. 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 drays, 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
August 30, 2005
. 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.
1 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 inaccur ' s in the above representations.
Seller(s) Forwarding Address:
By:
BRAD A. LINEUS
;epRY Poe
0 f'
STATE OF COLORADO 2
COUNTY OF WELD SU& I G
The foregoing instrument was acknowledged before TROSPER f
me on this day of Aaerseer 7- 7-o r $;
'
by BRAD A. LINXUB aD1alleTM all
Witness my han an o icia sea .
My commission expires: 9- 7-O5-
Form 492 AFF.SELL 04/04 No ary Public
EXHIBIT A
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 2222449, WELD COUNTY
PUBLIC RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 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 DEGREES 06' 35" W AND
MONUMENTED AS FOLLOWS:
THE NORTHEAST CORNER OF WHICH BEING A NO. 6 REBAR WITH A 2 1/2" ALUM. CAP,
L.S. 28258
THE EAST QUARTER CORNER OF WHICH BEING A NO. 6 REBAR WITH A 2" ALUM. CAP, L.S.
25937.
COMMENCING AT SAID EAST QUARTER CORNER OF SECTION 24;
THENCE N 89 DEGREES 52'30" W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 24 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
THENCE N 89 DEGREES 52' 30" W CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF
30.00 FEET;
THENCE N 00 DEGREES 06'35" W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING
PARALLEL TO THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13, A DISTANCE
OF 738.56 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL OF LAND
RECORDED AT RECEPTION NO. 2222449;
THENCE N 89 DEGREES 53'25" E ALONG SAID NORTHERLY LINE A DISTANCE OF 30.00
FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE;
THENCE S 00 DEGREES 06' 35" E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE
'OF 738.68 FEET TO THE POINT OF BEGINNING.
Form EXHIBITA 01/17/03 FC25031289
The printed portions of this form have been approved by the Colorado Real Estate Commission(CL8-9-95).
CLOSING INSTRUCTIONS
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES-THE PARTIES SHOULD CONSULT LEGAL, TAX OR OTHER COUNSEL BEFORE SIGNING
TO: LAND TITLE GUARANTEE COMPANY DATE: August 30, 2005
ESCROW NO. 0R25031289 TITLE NO. FC25031269
1. BRAD A. LINKUS
SELLER(S)and
COUNTY OF WELD, A BODY CORPORATE AND POLITIC BUYER(s)engage
LAND TITLE GUARANTEE COMPANY Closing Company,who agrees to provide closing and settlement services in connection with the closing of the
following described real estate in the County of WELD , Colorado,to wit:
SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF
also known and numbered as: 5074 WELD COUNTY ROAD 8 DACONO CO 80514
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 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"].
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:[ 1 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
APPROVED AND ACCEPTED on this day of August 30, 2005 By: I -
Closing Agent
SELLER(SI ( PURCEASER(S1
By: COUNTY OP WELD, A BODY CORPORATE AND POLITIC
BRAD A. LINKUS
By:
WILLIAM E. JERKS, CHAIR
Form 366 CL.INS 12/08/03 CLOSING INSTRUCTIONS OR15031289
EXHIBIT A
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 2222449, WELD COUNTY
PUBLIC RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 1
NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF HEARINGS: HEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF
SAID NORTHEAST QUARTER OF SECTION 24 BEARS N 00 DEGREES 06' 35" W AND
MONUMENTED AS FOLLOWS:
THE NORTHEAST CORNER OF WHICH BEING A NO. 6 REHAB WITH A 2 1/2" ALUM. CAP,
L.S. 28258
THE EAST QUARTER CORNER OF WHICH BEING A NO. 6 REBAR WITH A 2" ALUM. CAP, L.S.
25937.
COMMENCING AT SAID EAST QUARTER CORNER OF SECTION 24;
THENCE N 89 DEGREES 52'30" W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 24 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
THENCE N 89 DEGREES 52' 30" W CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF
30.00 FEET;
THENCE N 00 DEGREES 06'35" W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING
PARALLEL TO THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13, A DISTANCE
OF 738.56 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL OF LAND
RECORDED AT RECEPTION NO. 2222449;
THENCE N 89 DEGREES 53'25" E ALONG SAID NORTHERLY LINE A DISTANCE OF 30.00
FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE;
THENCE S 00 DEGREES 06' 35" E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE
OF 738.68 FEET TO THE POINT OF BEGINNING.
Form EXHIBITA 01/17/03 FC25031289
AGREEMENT FOR TAP FEES
It is hereby understood and agreed between the Buyer(s) and Seller(s) of the property known as
5074 WELD COUNTY ROAD 8 DACONO CO 80514
that the water/sewer tap fees and/or any water availability fees have been addressed as of this date on the
basis of:
VACANT LAND -
(X) Well and septic - no adjustment required and no related fees are due and owing.
( ) Water/sewer tap fees and/or any water availability fees or assessments have been paid in full by
Land Title Guarantee Company or its underwriter does not guarantee the sufficiency of said
payment and will not be responsible should additional fees be owing or become due.
( ) Water/sewer tap fees and/or any water availability fees or assessments are still outstanding and have
not been paid. Payment for said fees shall be paid at closing by
Land Title Guarantee Company or its underwriter does not guarantee the sufficiency of said payment
and will not be responsible should additional fees be owing or become due.
( ) Water/sewer tap fees and/or any water availability fees or assessments have not been paid but will
be paid by
outside of closing. Before said fees become delinquent:
will cause said fees to be paid in full and shall cause the above referenced property to be thereby
freed from any lien or discontinuance of service due to non-payment of fees.
NEW CONSTRUCTION -
( ) Water/sewer tap fees and/or any water availability fees or assessments have been paid in full by
Land Title Guarantee Company or its underwriter does not guarantee the sufficiency of said payment
and will not be responsible should additional fees be owing or become due.
(X) Well and septic - no adjustment required and no related fees are due and owing.
FURTHER, Seller acknowledges that there is is not X currently a formal or informal
homeowners/landowners association which may require periodic 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 agreement made on August 30, 2005
By: �.�Q� COUNTY OF WELD, A BODY CORPORATE AND POLITIC
BRAD A. LI
KUS
By:
WILLIAM H.JERKE, CHAIR
Form 530 01/17/03 TAP.FEZS GR25031289
AGREEMENT FOR TAXES
It is hereby understood and agreed between the Buyer(s) and Seller(s) of the property known as:
5074 WELD COUNTY ROAD 8 DACONO CO 80514
that the taxes for the current year have been adjusted as of this date on the basis of the most
recent assessment and most recent mill levy certified by the county. They are as follows:
(x) $347 . 00 Land Assessment for (year)
(x) $0 . 00 Improvement Assessment for (year)
multipled by the mill levy of 77 .347 for (year) .
equals the current adjustment of $26 . 84 .
Figures were obtained by telephone from the County Assessors office and Land Title
Guarantee Company assumes no responsibility or any liability in the event the County
Assessor misquoted the figures. Any adjustment shall be made between the Buyer(s) and
Seller(s) if necessary, and Land Title Guarantee Company, or its underwriter will not make
or be responsible for this re-adjustment or any liability in in connection therewith.
( ) NO ADJUSTMENT
( ) Estimate for taxes of
( ) Taxes based on percent of in the
amount of
and this agreement shall be
(x) A final settlement.
( ) Re-adjusted between the Buyer(s) and Seller(s) as soon as the taxes have been billed by
the County Treasurer. If a re-adjustment is necessary, Land Title Guarantee Company
will not make or be responsible for this re-adjustment.
It is further understood and agreed between the Buyer(s) and Seller(s) that
(x) No governmental body taxing authority has certified an assessment lien to the County
Treasurer for special improvements installed prior to the date of the Buyers execution
of the Agreement for Purchase.
( ) Special improvements now in and being paid in annual installments are to be assumed by
the Buyer(s), with current annual assessments in the amount
of , with the total payoff amount of this assessment
being
This assessment will be fully paid on
Note: Land Title Guarantee Company and/or its underwriter assumes no responsibility
or any liability for the adjustment of special taxes on assessments unless they are
shown on the County Treasurer's Certificate of Taxes Due. Any adjustment shall
be made between the Buyer(s) and Seller(s), if necessary, and Land Title Guarantee
Company, or its underwriter will not make or be responsible for the re-adjustment
or liability in connection therewith.
This Agreement made and executed this day of August 30, 2005
Buyer(s) Seller(s)
COUNTY OF WELD, A BODY CORPORATE AND POLITIC By:
BRAD A. LINRUH
By:
WILLIAM H. °ERIE, CHAIR
Form 277 05/04 MRA.FINAL AGREEMENT FOR TAXES FC25031289
REAL PROPERTY 11AANSFER 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)
5074 WELD COUNTY ROAD 8 DACONO CO 80514
• 2. T pe of property purchased: ❑ Single Family Residential ❑ Townhome Condominium E] Multi-UnitRes
Commercial E] Industrial E] Agricultural E] Mixed Use XVacant Land ❑ Other
3. Date of closing: August 30, 2005 Contract date:
4. Total Sales Price: including all real and personal property. $5,342.00
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
Lurchase price will be assumed to be for the real property as per 39-13-102, C.R.S.
IJ 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 Q No If yes, value $
If yes, does this transaction involve a trade under IRS Code Section 1031? ❑ Yes Q No
7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased.
0 Yes ❑ No If no, interest purchased
8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include
ersons within the same family, business affiliates, or affiliated corporations.
Yes 0 No
9. Check any of the following that apply to the condition of the imLrovements at the time of purchase.
❑ New ❑ Excellent ❑ Good ❑ Average ❑ Fair LI Poor ❑ Salvage.
If the property is financed, please complete the following.
10. Total amount financed. $
11. �pe of financing: (Check all that apply)
New ❑ Assumed ❑ Seller ❑ Third Party
Combination; Explain
12. Terms: e Variable; Starting interest rate
Fixed; Interest rate
Length of time years
Balloon payment L Yes L 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 sate.
For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and
condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete.
14. Did the purchase price include a franchise or license fee? ❑ Yes ❑X No
If yes, franchise or license fee value? $
15. Did the purchase price involve an installment land contract? ❑ Yes ❑X No
If yes, date of contract
16. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the
closing? Des ❑ No
Remarks: Please include any additional information concerning the sale you may feel is important.
•
17. Signed on this day of August 30, 2005 . Please designate buyer or seller.
r ( 1% Mailing Address It-
Signature of Grantee (Buyer) U or Grantor (Seller) ❑ COUNTY OF WELD, A BODY CORPORATE AND POLITIC
P.O. BOX 758 GREELEY, CO 80632
Daytime Phone
I
Form 358 1/17/03 RPT REAL PROPERTY TRANSFER DECLARATION FC25031289 (2130848)
9%
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that BRAD A. LINKUS, P.O. Box 188,
Dacono, CO 80615, being all of the owners of certain property in Weld County, Colorado
which is described in the attached Exhibit"A", do hereby dedicated forever said property
as parts of a public highway, pursuant to Colorado Revised Statute 43-2-201(1)(a), free
and clear of all liens and encumbrances, except the existing easements and warrants title
to the same.
EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way,
including oil, gas and any and all water rights currently attached or associated with the
Right of Way.
Bra A. Linkus
State of Colorado)
) ss:
County of Weld)
The foregoing instrument was acknowledged before me this 9aday oft 2005
by: Brad A. Linkus.
Witness my hand and official seal.
Notary Public
My commission expires: 1-a2? US
.'Sskr pi,
SUSAN E
c ,
w **as
111111\IIIIIIIIII1111111111111111111111III11111IIII1111
3329947 10107
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder OC J I C 1
•
EXHIBIT A
DEED DESCRIPTION
1528-203-070.01 3070-DD-15.DOC
SHEET 1 OF 2
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO.2222449,WELD COUNTY PUBLIC
RECORDS,LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24,TOWNSHIP 1 NORTH,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 NORTHEAST CORNER OF WHICH BEING A NO. 6 REBAR WITHA 2 1/2"ALUM CAP, L.S. 28258.
-THE EAST QUARTER CORNER OF WHICH BEING A NO. 6 REBAR WITH A 2"ALUM. CAP,L.S. 25937.
COMMENCING AT SAID EAST QUARTER CORNER OF SECTION 24;
THENCE N 89°52'30"W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 24
A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
THENCE N 89°52'30"W CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 30.00 FEET;
THENCE N 00°06'35"W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO THE
WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13,A DISTANCE OF 738.56 FEET TO A
POINT ON THE NORTHERLY LINE OF SAID PARCEL OF LAND RECORDED AT RECEPTION NO.2222449;
THENCE N 89°53'25"E ALONG SAID NORTHERLY LINE A DISTANCE OF 30.00 FEET TO A POINT ON
SAID WESTERLY RIGHT-OF-WAY LINE;
THENCE S 00°06'35"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 738.68 FEET
TO THE POINT OF BEGINNING;
CONTAINING 22,161 SQ.FT.OR 0.5088 ACRE 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 •,_;,�. KING.
OO REQ \` ii
l� l�
CHRISTOPHER H.McELVAIN, '� ' / / d o
PROFESSIONAL LAND SURVEYOR fl '•'1�//Dy
FOR AND ON BEHALF OFCOLORADO LO
NO.36561, ItI1\ ` LAS
IeHN ENGINEERING,INC.
5855 WADSWORTH BYPASS#A-100
ARVADA,CO.80003
I ATILT I1111II1111111111111111111111111111111111111111
3329947 10/07/2005 03:35P Weld County, CO —2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
?Cz�,) - INZ��
- NEFO CDR SEC 24 E X H I B I - NAP A
FOUND j6 REBAR
. 1 LS 2 2 1/2' ALUM. C
'lyJ1r{ 1518258. 1999
/1♦ _ 58925'56'Eil ��� 58g 71.90.E SHEET 2 OF 2
y 2613.65• 1571.90'
N1/4 COR SEC 19
141/4 CCR SEC 24 FOUND #6 REBAR
FOUND #6 REBAR WITH 2-1/2' ALUM. CAP
PATH 2-1/1• ALUM. CAP W L5 28656, 1993
LS 24305. 2001
-
I F
bryC
f r'a
= 3
�6
W
..m3
mi
6
F
m
a
CO
CC RICHARD S. RALPH et; I13
0 150 300
w
c0
V_'�
<m 1 INCH = 300 FEET
a aI DATE: 8.27.04"72N
I
xY
6 REG/S,
ROXY F. VENDENA I a I.._ I•
ti I P1 �I CASWI A' F 1 ti / •• ,
•
36561 z:is
•
•,
N 8953'25' E ••M
30.00'M II LOT I t.1A
43
MOUNTAIN NEW ESTATES
j MINOR SUBDIVISION PLAT NOTE:
:12 I THIS IS NOT A LAND SURVEY PLAT OR
m -F IMPROVEMENT SURVEY PLAT. NO MONUMENTS
Y6
PARCEL 15 ::r WERE SET FOR THE PREPARATION OF
O.N. FC25031289 : THE ATTACHED LEGAL DESCRIPTION.
146724000039 - ^ :: DEBRA DORMAN
BRAD A. LINKUS EXHIBIT MAP A
P.O. BOX 188
DACONO CO. 80514 WELD COUNTY ROAD 13
REC. NO. 02222449 5p 60'
BRAD A. I IMO I,S
SITE 5074 WCR 8 DACONO ; I NE 1/4 SEC 24, TIN., R.68W. 6TH PM,
_I,CQUIONAL RIGHT-OF-WAY COUNTY OF WELD, STATE OF COLORADO
4n �GOUISITION AREA 22,181 S.F.
E1/4 COR SEC 19 ACQUISITION AREA 22,161 S.F.
FOUND /6 REBAR
9ATH 3-1/4' ALUM. CAP 8.27.04 DEED DESCRIPTION
8 S ]112, 1994
N 8952'30' W Z`�rI I N'89'52.30' W JN. 1528-03-070.01 I 3070-DD-15
N SOUTH W 2624.35'THE
30.00' Yt -Tt
JO.DOI 589'44't6_E \\ J e H N
NORTHEAST
UNE OF TIE Jn' =•C1/4CSEC24 POINTOF / DR ENGINEERING .P
FOUND 46 REBAR 6ECINNINO I FOUND 46 REBAR
WITH 2- ALUM. CAP WITH 2" ALUM. CAP • 5655 WADSORTH 6YPASS.A-100
LS 25937. 1997 L5 25937. 199] DEBRA DORMAN nI11j ARVADA C000003
JOHN P. WOLKEN PR 003)423-6036 EAT 003166x.94336
4_ I I I WwWALmhWOWEmro4CDM
_ 1111111111111111111111111111111111111111111111111111111 -_
3329947 10/07/2005 03:35P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by
and through its Board of County Commissioners, hereby accepts the above dedication of
property as Public Rights-of-Way or a Public Highway, pursuant to Colorado Revised
Statute 43-2-201(1)(a).
i I I
Dated this 0`I day ofJfig-4- 2005.
ATTEST: )04p"v/ ' '�♦ COUNTY OF WELD, A BODY
CLERK TO THE BO ' 't' - COPRORATE AND POLITIC OF
COUNTY COMMISSIOi' < .a J THE STATE OF COLORADO
OF THE COUNTY OF i •�1 _
1-2.-71.2.---(
By. ���: i, . sr �, By:
Deputy Clerk to the Boni SLY ll~l William H. Jerke, Chair
♦ �� BOARD OF COUNTY
COMMISSIONERS OF THE
OF THE COUNTY OF WELD
STATE OF COLORADO)
)SS.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this ci - day of - .
, 2005 by William H. Jerke, Chair, Board of County Commissioners of the County of
Weld.
: �•p ..... c'4
Witness my hand and official seal. .itO.
MEUNDA 1 ��
GUALANDRI
Notary Public Iv +'et,%
My commission expires: IC,•I')•G My comnisl <
Expires:
1 IIIIII 1111111111 IIIIII I IIIII IIII 1111
3329947 10/07/2005 03:35P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Zoo'S-I \ c�f
Hello