HomeMy WebLinkAbout20051213.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 -ANDORA INVESTMENTS, LLC
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 Andora Investments, LLC, 28
Pine Brook Road, Boulder, Colorado 80304-0478, 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 Andora Investments, LLC 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
the following vote on the 18th day of April, A.D., 2005.
41IL,3 BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
561 i/� a't1 Lad �7e
William H. ke, Chair
O , .Imy Clerk to the Board
/,c�� -
/fix M. J. 'le, Pro-Tem
BY: /, �L�/ Em l X
Deputy Clerk to the Board 4
DVAP AST •
Robe D. Masde
unty tt ro n y -14 Stli.
Glenn Vaad
Date of signature: —1� �r
2005-1213
EG0052
Mr. itd pc 4,fl c5-of_es--
MEMORANDUM
TO: Clerk to the Board DATE: April 13, 2005
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Agreement Concerning Purchase of Right-of-Way For Certain Improvements to WCR 13 with
Andora Investments, LLC.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:AFrancieAAgend-Leon.doc
•
2005-1213
062
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 13 BETWEEN ANDORA INVESTMENTS, LLC AND WELD
COUNTY, COLORADOlir-
^ F
THIS AGREEMENT is made this //d Aay of r, l ,2005,by and between Andora
Investments, LLC, whose address is 28 Pine Brook R6ad, Boulder, Colorado 80304-0478,
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 acquire 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 Twelve Thousand Six Hundred Thirty Eight and
no/100 ($12,638.00) dollars. This consideration is being offered in lieu of
condemnation
Page 1 of 3 Pages
11111111111111111 1111111 111111111111111111 11111 11111111
3283062 05/04/2005 01:31P Weld County, CO
1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
00noS=)4!3
2. Owner agrees to grant the Right-of-Way to County by Warranty Deed,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 ofpayment of compensation is the date of delivery of
the Warranty Deed.
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.
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.
Page 2 of 3 Pages
1111111'I1IVIIIVIIIVIII MHO VIIIIIIVIII IIIIIIII
3283062 05/04/2005 01:31P Weld County, CO
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
ANDORA INVESTMENTS LLC, a Colorado
limited liability company
Jo . Hess, M ager
ATTEST: a S BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
E
- + LORADO
ex
Weld County Clerk to the Boar
1861 z `.7
:9:
By: j;- BY: `-1>
•
Deputy Clerk to the Board - William H. Jerke, Chairman
APR 1 8 2005
Page 3 of 3 Pages
11111111111111111111111111111111111111 III 111111111 I I I I
3283062 05/04/2005 01:31P Weld County, CO
3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
avOS-laf3
EXHIBIT A
DEED DESCRIPTION
1528-203-070.01 3070-DD-18A.DOC(REV.2.25.05)
SHEET 1OF2
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 3244692, WELD COUNTY PUBLIC
RECORDS,LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18,TOWNSHIP 1 NORTH,RANGE 67
WEST OF THE 6"'PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID
SOUTHWEST QUARTER OF SECTION 18 BEARS N 00°11'41"W AND MONUMENTED AS FOLLOWS:
-THE WEST QUARTER CORNER OF WHICH BEING A 2.5"ALUM CAP, L.S. 28258.
-THE SOUTHWEST CORNER OF WHICH BEING A 2.5"ALUM. CAP,L.S 28258.
COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 18
THENCE S 89°36'57"E ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 18 A
DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD 13;
THENCE N 00°11'41"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A
DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF LAND RECORDED AT
RECEPTION NUMBER 3244692, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE N 00°11'41"W CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF
1387.16 FEET TO THE NORTHWEST CORNER OF SAID PARCEL OF LAND RECORDED AT RECEPTION
NUMBER 3244692;
THENCE S 76°14'06"E ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND A DISTANCE OF 30.91
FEET TO A POINT 30 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT-OF-WAY LINE
OF WELD COUNTY ROAD 13;
THENCE S 00°11'41"E ALONG A LINE LYING 30 FEET EASTERLY AND PARALLEL WITH SAID
EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1380.01 FEET TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8;
THENCE N 89°36'57"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET TO
THE POINT OF BEGINNING;
CONTAINING 41,508 SQ.FT.OR 0.9529 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 AND CHECKING.
CHRISTOPHER H. McELVAIN, 'z 36561 a:O
PROFESSIONAL LAND SURVEYOR c) O¢
COLORADO REGISTRATION NO. 36561, •
FOR AND ON BEHALF OF JeHN ENGINEERING,INC. �Fs 4,l 7"fr. e
5855 WADSWORTH BYPASS#A-100 �0/y� LAND 4Y
ARVADA, CO. 80003
1111111IIIIIVIIIVIIIV11111111111111111111111lIIIIIII
3283062 05/04/2005 01:31P Weld County, CO
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
W1/4 COR SEC IB E )C H I H I I N// \ 13 I
. FOUND 2-1/2' ALUM. CAP
LS 28258, 1999
5 89'5813• W /��7 1 Or
SHEET 2 OF 2
1
2623.39' ----- T 1 S 89'3708' E 2559.76'
C1/4 COR SEC 13
/ C1/4 COR SEC 18 MEM N
FOUND Y ALUM. CAP FOUND 2' ALUM. CAP Ell 0
LS 28258. 1999 LS 29425, 2001 r G
6i
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O.N.
146918300002 —C..
HICKS & JOHNSON DACONO FARM LLP o U
1427 REMBRANDT RD. — a
BOULDER. CO. 80302 M V C
REC NO 3244691 --9
DESCRIPTION-SW 1/4 SEC 18 -
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DATE: 2.25.05 —tOIO
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DACONO ESTATES I.L.C. a +
932 WALNUT ST. 6�14'06:E 1
LOUISVILLE, CO. 80027 z 30.917
REC NO 2969674 it 1
SE 1/4,SEC 13 71 N. R68W 240 AC.3 = n1 .
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LLVyImu, 3 i. / US PATENT of ifs•: �r'1n
p3 aI i MINERAL RIGHTS �; L•o 5
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MINERAL RESERVATION SE/4, N/2 SW/4 10, z� L. COAL MINING LEASE AGREEMENT25E9572 I.4 I. BW. NO 15 150+6 REC. N 6/4 SEC 61 BK 583 i 9, Qi i
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( ADDITIONAL RIGHT-OF-WAY
I1 ACQUISITION AREA 41,508 S.F.
I' NOTE:
c • THIS IS NOT A LAND SURVEY PLAT OR
aF •iH.'.t3 IMPROVEMENT SURVEY PLAT. NO MONUMENTS
B WERE SET FOR THE PREPARATION OF
a •- 046918300001 THE ATTACHED LEGAL DESCRIPTION.
• I ANDORA INVESTMENTS LLC
o-In I. 2955 VALMONT RD. STE. 210 EXHIBIT MAP A
BOULDER, CO. 80301
REC NO 3244692 1/4
cam.'- DESCRIPTION—SW
NOT CLOSE WELD COUNTY ROAD 13
u }TICKS Et JOHNSON DACONO FARM LLP
POINT OF
BEGINNING i I • i : SW 1/4 SEC 18, T.1N., R.67W. 6TH PM,
. I COUNTY OF WELD, STATE OF COLORADO
PONT OF 5 I ACQUISITION AREA 41,508 S.F.
COMMENCEMENT
SW CDR SEC 18 x o' N89.36'57'W 2.25.05 I DEED DESCRIPTION
FOUND #6 REBAR 30.001
WITH 2 1/2" ALUM. CAP
LS 28258 1999 {----- JN. 1528-03-070.01 ! 3070-DD-18A
0,I3 3 _ 589_25'56'E """'--�'----�C�r3 589'71.90' + $ _ JAM
eHN
2613.85' --- -- 2571.90' r �� ��
I 1 30.00' .2
N00'11'41'W �-"-
S1/4 COR SEC 13 S1/4 COR SEC 18 74 ENGINEERING J=
FOUND #6 REBAR 30.00' FOUND #6 REBAR _�Az
WITH 2-1/2' ALUM. CAP 589636'57'E WITH 2-1/2" ALUM. CAP j 5855WADSWORTH BYPASS,A.100
LS 24305, 2001 LS 28656. 1993 tin MVAD ARVADA,0080003
v PH.003)423-6036 FAX IG.c0)4674430
WMN JFNNBIGINFERINGLOM
ipl. LAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT
4617 W 20TH ST#2B "PURCHASERS"
GREELEY, CO 80634
Land Title
GUARANTEE COMVANY
PROPERTY ADDRESS: VACANT LAND
SELLER(S) : ANDORA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COMPANY
BUYER(S) : COUNTY OF WELD, A BODY CORPORATE AND POLITIC
SETTLEMENT DATE: August 19, 2005 DATE OF PRORATION: August 19, 2005
ITEM DESCRIPTION Debit Credit
Sales Price 12, 638. 00
Alta Owners Policy 10-17-92 193. 00
Miscellaneous Credit LAND TITLE GUARANTEE COMPANY 193. 00
Tax Report LAND TITLE GUARANTEE COMPANY 20. 00
Current Property Taxes 01/01/05-08/19/05 ® $0. 0652 14. 98
Closing Fee LAND TITLE GUARANTEE COMPANY 200. 00
**** SubTotals **** 13,051. 00 207. 98
Due From Buyer/Borrower 12, 843. 02
Totals 13, 051. 00 13, 051. 00
The above figures do not include sales or use taxes on property.
APPROVED AND ACCEPTED
PURCHASER(S) : REAL ESTATE BROKER(S)
COUNTY OP WELD,//4,_‘
WILLIAM CORPORATE AND POLITIC
%/
By: (/ ` -
WILLIAM H. JERKS, CHAIR
LAND TITLE CLOSING AGENT:
Melinda Cualandri
ESCROW NO. : CR25031299
COMMITMENT NO. : PC25031299
(1700253)
Form 347 LTG1 The printed portion of this form is approved by the Colorado Real Estate Commission (3S-60-7-71)
t;CCS 1Z13
rigLAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT
4617 W 20TH ST#2B "SELLERS"
GREELEY, CO 80634
Land Title
CUAR.ANT EC COMPANY
PROPERTY ADDRESS: VACANT LAND
SELLER(S) : ANDORA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COMPANY
BUYER(S) : COUNTY OF WELD, A BODY CORPORATE AND POLITIC
SETTLEMENT DATE: August 19, 2005 DATE OF PRORATION: August 19, 2005
ITEM DESCRIPTION Debit Credit
Sales Price 12, 638. 00
Courier Fees 32. 00
Record Release 21. 00
Record Quit Claim Deed 6. 00
Current Property Taxes 01/01/05-08/19/05 @ $0. 0652 14. 98
**** SubTotals **** 73. 98 12, 638. 00
Due To Seller 12,564. 02
Totals 12, 638. 00 12, 638. 00
The above figures do not include sales or use taxes on property.
SELLER(S) : APPROVED AND ACCEPTED
REAL ESTATE BROKER(S)
ANDORA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY
By:
JOHNCOMPANY/feeANAGER
LAND TITLE CLOSING AGENT:
Melinda Oualandri
ESCROW NO: OR25031299
COMMITMENT NO: PC25031299
Form 348 LTO2 (05/04) The printed portion of this form is approved by the Colorado Real Rotate Commission (SS-60-7-71)
PURCHASER FINAL AFFIDAVIT AND AGREEMENT
RE: Commitment No. FC25031299 Escrow No. CR25031299
State of Colorado, County of WELD
RE: Real property and improvements located at:
VACANT LAND
in the County of WELD State of Colorado, and more particularly described
as follows:
SEE EXHIBIT 'A• ATTACHED HERETO AND MADE A PART HEREOF
Whereas, Land Title Guarantee Company has issued its Commitment No. FC25031299
covering said property,
The Undersigned, Purchaser of the Real Estate and improvements located on the herein described property,
being first duly sworn on oath, for the purpose of inducing Land Title Guarantee Company to issue its ALTA
Policy of Title Insurance, in connection with the property described in said commitment, do hereby make the
following representations to Land Title Guarantee Company, with full knowledge and intent that said company
shall rely thereon:
1. That those certain persons, firms and corporations, including the General Contractors, and all
subcontractors hired by or under contract with the undersigned who have furnished services, labor or
materials, according to plans and specifications or otherwise, used in connection with the construction of
improvements on the real estate herein described, have been paid in full.
2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any
contractor, subcontractor, laborer or materialman, nor any other suit of any kind, and that no chattel
mortgages, conditional bills of sale, security agreements or financing statements have been made.
Further, there are no liens or encumbrances recorded or unrecorded affecting the subject property.
3. That, except as shown in the above-referenced commitment, there are no liens or encumbrances
of any kind, recorded or unrecorded, affecting the subject property.
4. That there has been no architectural service or other work of any kind, contracted for or otherwise
ordered by the undersigned, within the last 120 days, paid or unpaid, which could establish a priority for
any future mechanics' lien claimant. If services or other work has been contracted for within the preceding
120 days, undersigned is required to attach a description of same with the corresponding payment information.
5. That the purchaser(s) have or will take possession of the premises on or about August 19, 2005
6. That the full purchase price has been paid by said purchaser(s) to said Owner-Seller.
7. The undersigned further understands that the payoff of any liens, mortgages, deeds of trust, etc., is
based on written payoff figures obtained from the lien holder and agrees that, in the event Land Title
Guarantee Company is notified by the lien holder that the payoff is insufficient to render the loan paid in full,
the undersigned shall, upon notification by Land Title Guarantee Company, immediately tender the amount
o` Inds necessary to complete the payoff.
x There are no existing leases or tenancies affecting said property.
If any deed of trust recorded against my property secures an open line of credit or a revolving line of
credit, I/we affirm that I/we have not drawn additional funds from the line of credit since the date of
the payoff statement from my/our lender to Land Title Guarantee Company.
I/We further agree and affirm that I/we will not make any further draws on the line of credit after the
date of this affidavit. I/We further affirm that I/we have not taken out any loans against our property
other than those shown on the above referenced commitment number.
In light of the foregoing facts and representations, the undersigned, in consideration of the issuance by Land
Title Guarantee Company of a policy of Title Insurance covering said property in the manner described by the
undersigned as set out above, hereby promise, covenant and agree to hold harmless, protect and indemnify
Land Title Guarantee Company, and any title insurance company that has issued an ALTA Policy of insurance
pursuant to the commitment described above, from and against those liabilities, losses, damages, expenses and
charges, including but not limited to reasonable attorneys' fees (including attorney's fees in the enforcement of
this agreement) and expenses of litigation arising out of any inaccuracies in the above representations.
Owner(s) Forwarding Address:
COUNTY OF WELD, A BODY CORPORATE AND POLITIC
P.O. BOX 758
GREELEY, CO 80632
STATE OF COLORADO By: "LI`
COUNTY OF WELD WILLIAM H. JERKS, CHAIR
The foregoing instrument was acknowledged before
me on this day of August 19, 2005
JULIE A.CITO'(� 1
by WUXIUAN H. JERKS, CHAS OP C IBUBUCY CORP TE AND 'LITIC
ORADU
Witness my hand and of
My commission expires: my Commission Expires Nov.17,2008
Form 491 AFP.PUR 11/14/03 FINAL AFFIDAVIT & AGREEMENT (Purchaser) Notary Public Printed: August 03, 2005
EXHIBIT A
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 3244692, WELD COUNTY
PUBLIC RECORDS, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 1
NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF
SAID SOUTHWEST QUARTER OF SECTION 18 BEARS NOODEGREES 11'41" W AND MONUMENTED
AS FOLLOWS:
THE WEST QUARTER CORNER OF WHICH BEING A 2.5" ALUM. CAP, L.S. 28258,
THE SOUTHWEST CORNER OF WHICH BEING 2 .5" ALUM. CAP, L.S. 28258.
COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 18
THENCE 89DEGREES36'57" E ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF
SECTION 18 A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF WELD COUNTY ROAD 13;
THENCE N OODEGREES11'41" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD 13 A DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF
LAND RECORDED AT RECEPTION NUMBER 3244692, SAID POINT ALSO BEING THE POINT OF
BEGINNING;
THENCE N OODEGREES11'41" W CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE A
DISTANCE OF 1387 .16 FEET TO THE NORTHWEST CORNER OF SAID PARCEL OF LAND
RECORDED AT RECEPTION NUMBER 3244692;
THENCE S 76DEGREES14'06" E ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND A
DISTANCE OF 30.91 FEET TO A POINT 30 FEET EASTERLY AND PERPENDICULAR TO SAID
EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE S 00DEGREES11'41" E
ALONG A LINE LYING 30 FEET EASTERLY AND PARALLEL WITH SAID EASTERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1380. 01 FEET TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8;
THENCE N 89DEGREES36'57" W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF
30.00 FEET TO THE POINT OF BEGINNING.
Form EXHIBITA 01/17/03 FC25031299
SELLER-OWNER FINAL AFFIDAVIT AND AGREEMENT
RE: Commitment No. PC25031299 Escrow No. 0825031299
State of Colorado, County of WELD
RE: Real property and improvements located at:
VACANT LAND
in the County of WELD State of Colorado, more particularly described as follows:
SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF
Whereas, Land Title Guarantee Company has issued its Commitment No. FC25031299 covering said property,
The Undersigned, Owner-Seller of the Real Estate and improvements located on the herein described property,
being first duly sworn on oath, for the purpose of inducing Land Title Guarantee Company to issue its ALTA
Policy of Title Insurance, in connection with the property described in said commitment, do hereby make the
following representations to Land Title Guarantee Company, with full knowledge and intent that said company
shall rely thereon:
1. That those certain persons, firms and corporations, including the General Contractors, and all
subcontractors hired by or under contract with the undersigned who have furnished services, labor or
materials, according to plans and specifications or otherwise, used in connection with the construction of
improvements on the real estate herein described, have been paid in full.
2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any
contractor, subcontractor, laborer or materialman, nor any other suit of any kind, and that no chattel
mortgages, conditional bills of sale, security agreements or financing statements have been made.
3. That, except as shown in the above-referenced commitment, there are no liens or encumbrances of any
kind, recorded or unrecorded, affecting the subject property.
4. That there has been no architectural service or other work of any kind, contracted for or otherwise
ordered by the undersigned, within the last 120 days, paid or unpaid, which could establish a priority for
any future mechanics' lien claimant. If services or other work has been contracted for within the preceding
120 days, undersigned is required to attach a description of same with the corresponding payment information.
5. That all improvements constructed on the real estate herein described were completed on or before
August 19, 2005 •
6. That all fees, assessments and charges of the homeowners association having jurisdiction over the above
described property, if applicable, are current at this time.
7. The undersigned further understands that the payoff of any liens, mortgages, deeds of trust, etc., is
based on written payoff figures obtained from the lien holder and agrees that, in the event Land Title Guarantee
Company is notified by the lien holder that the payoff is insufficient to render the loan paid in full, the
undersigned shall, upon notification by Land Title Guarantee Company, immediately tender the amount of funds
necessary to complete the payoff.
nThere 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.
Seller(s) Forwarding Address:
ANDORA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY
28 PINE BROOK ROAD
COMPANY
BOULDER CO 80304
By:
JOHN HE , MANAGER
STATE OF COLORADO (3 ; L,,r z.
COUNTY OF we
The foregoing instrument was acknowledged before
me on this day of August k,2005
U//� :a HESS, NANA R . ANDORA INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY
� it d .I official seal. ;
\ytp fr� es: nw \ i - 1..
Notary public
OF COO
EXHIBIT A
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 3244692, WELD COUNTY
PUBLIC RECORDS, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 1
NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF
SAID SOUTHWEST QUARTER OF SECTION 18 BEARS NOODEGREES 11'41" W AND MONUMENTED
AS FOLLOWS:
THE WEST QUARTER CORNER OF WHICH BEING A 2.5" ALUM. CAP, L.S. 28258,
THE SOUTHWEST CORNER OF WHICH BEING 2.5" ALUM. CAP, L.S. 28258.
COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 18
THENCE 89DEGREES36'57" E ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF
SECTION 18 A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF WELD COUNTY ROAD 13;
THENCE N OODEGREES11'41" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD 13 A DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF
LAND RECORDED AT RECEPTION NUMBER 3244692, SAID POINT ALSO BEING THE POINT OF
BEGINNING;
THENCE N OODEGREES11'41" W CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE A
DISTANCE OF 1387.16 FEET TO THE NORTHWEST CORNER OF SAID PARCEL OF LAND
RECORDED AT RECEPTION NUMBER 3244692;
THENCE S 76DEGREES14'06" E ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND A
DISTANCE OF 30.91 FEET TO A POINT 30 FEET EASTERLY AND PERPENDICULAR TO SAID
EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE S OODEGREES11'41" E
ALONG A LINE LYING 30 FEET EASTERLY AND PARALLEL WITH SAID EASTERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1380. 01 FEET TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8;
THENCE N 89DEGREES36'57" W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF
30.00 FEET TO THE POINT OF BEGINNING.
Form EXHIBITA 01/17/03 FC25031299
•
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 19, 2005
ESCROW NO. CR25031299 TITLE NO. PC25031299
I. ANDORA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COMPANY
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 FART HEREOF
also known and numbered as: VACANT LAND
2.Closing Company is authorized to obtain information,and agrees to prepare,obtain,deliver and record all documents,excluding preparation of legal
documents,necessary to carry out the terms and conditions of the Contract to Buy and Sell Real Estate,dated ,with any
counterproposals and amendments attached(Contract).
3. Closing Company will receive a fee not to exceed $200.00 for providing these closing and settlement services to be the expense of
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:[I Cashier's check at seller's expense.[ Funds electronically transferred(wire transfer)
to an account specified by the Seller, at Seller's expense;or
[I 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 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 inlet-plead,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(h)will not he a Colorado resident after closing.
Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists.
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 NT COMPANY
APPROVED AND ACCEPTED on this day of August 19, 2005 By: �X. !'.l._:
Closing Agent
SELLERS) PURCHASER(S)
ANDORA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COUNTY OP WELD, A BODY CORPORATE AND POLITIC
COMPANY '/�l�
By: By: L
JOHN BEES, AGBR WILLIAMS. JERKS, CHAIR
Form 366 CL.INS 12/08/03 CLOSING INSTRUCTIONS CR25031299
EXHIBIT A
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 3244692, WELD COUNTY
PUBLIC RECORDS, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 1
NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF
SAID SOUTHWEST QUARTER OF SECTION 18 BEARS NOODEGREES 11'41" W AND MONUMENTED
AS FOLLOWS:
THE WEST QUARTER CORNER OF WHICH BEING A 2 .5" ALUM. CAP, L.S. 28258,
THE SOUTHWEST CORNER OF WHICH BEING 2.5" ALUM. CAP, L.S. 28258.
COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 18
THENCE 89DEGREES36'57" E ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF
SECTION 18 A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF WELD COUNTY ROAD 13;
THENCE N 00DEGREES11'41" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD 13 A DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF
LAND RECORDED AT RECEPTION NUMBER 3244692, SAID POINT ALSO BEING THE POINT OF
BEGINNING;
THENCE N OODEGREES11'41" W CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE A
DISTANCE OF 1387.16 FEET TO THE NORTHWEST CORNER OF SAID PARCEL OF LAND
RECORDED AT RECEPTION NUMBER 3244692;
THENCE S 76DEGREES14'06" E ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND A
DISTANCE OF 30.91 FEET TO A POINT 30 FEET EASTERLY AND PERPENDICULAR TO SAID
EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE S OODEGREES11'41" E
ALONG A LINE LYING 30 FEET EASTERLY AND PARALLEL WITH SAID EASTERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1380. 01 FEET TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8;
THENCE N 89DEGREES36'57" W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF
30.00 FEET TO THE POINT OF BEGINNING.
Form EXHIBITA 01/17/03 FC25031299
UTILITY AGREEMENT
(With Well and Septic system - No Adjustment on Settlement Sheets)
At the closing of VACANT LAND
(Property Address) on August 19, 2005 (Date), by Land Title Guarantee Company
both the Buyer(s) and Seller(s) fully understand that Land Title Guarantee Company DOES NOT
notify Qwest Communications, Xcel Energy and/or the Seller's present Insurance Agency to
cancel the existing insurance policy.
IT IS THE SELLER(S) RESPONSIBILITY to call the electric/gas company for a final reading
and to give them your forwarding address for the final bill. It is also the Seller's responsibility
to notify Qwest Communications and to notify your present insurance agent.
IT IS THE BUYER(S) RESPONSIBILITY to call the electric/gas company and to give them
the personal information they may require for their records, and the telephone company
to put service into your name(s) and correct mailing address, if different than the property
just purchased.
I.R.E.A.'s NUMBER IS 303-688-3100 XCEL ENERGY IS 1-800-895-4999.
QWEST COMMUNICATIONS NUMBER FOR NEW SERVICES IS 1-800-244-1111
(to transfer service, please consult the telephone directory)
The Parties hereto further agree to the following:
The undersigned Buyer(s) and Seller(s) of the property referenced above understand that
water is supplied by a well and sewer is handled by a septic system.
No adjustment is required between Buyer(s) and Seller(s) for the well and septic system.
This Agreement was made and executed this day of August 19, 2005
COUNTY OF WELD, A BODY CORPORATE AND POLITIC ANDORA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY
COMPANY
By: .,tli--_tA By:
WILLIAM H.JERKE,CHAIR JOHN H , ANAGE
Form 393 01/17/03 9-GCR GR25031299
AGREEMENT FOR TAXES
It is hereby understood and agreed between the Buyer(s) and Seller(s) of the property known as:
VACANT LAND
that the taxes for the current year have been adjusted as of this date on the basis of:
( ) Estimate for general taxes in the amount of for the year of closing, based on
the taxes for the calendar year immediately preceding closing.
(x) General taxes for the year of closing, based on the most recent levy and the most recent
assessment certified by the county is $23.78
Figures were obtained by telephone from the County Assessors office and Land Title
Guarantee Company assumes no responsibility or any liability in the event the County
Assessor misquoted the figures. Any adjustment shall be made between the Buyer(s) and
Seller(s) if necessary, and Land Title Guarantee Company, or its underwriter will not make
or be responsible for this re-adjustment or any liability in connection therewith.
( ) NO ADJUSTMENT
( ) Estimate for taxes of
( ) Taxes based on percent of in the
amount of
and this agreement shall be
( ) A final settlement.
(x) 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 19, 2005
Buyer(s) Seller(s)
COUNTY OF WELD, A BODY CORPORATE AND POLITIC ANDORA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY
COMPANY
BY: `. l/ By:
WILLIAM H. JERRE, CHAIR JOYS HESS MANAGER
Form 281 RE-ADJUST 11/17/03 AGREEMENT FOR TAXES FC25031299
DISCLOSURE
The undersigned hereby acknowledge that they understand and agree to the following provisions:
1. Laws Relating to Unclaimed Funds. All parties are hereby advised that checks issued by
Land Title and not cashed by payee are subject to laws of escheat and/or unclaimed property laws.
Should Land Title transfer such funds to a state office, Land Title shall be released from all
further responsibility under this Agreement and shall not be liable to any Party so long as such
payment was made pursuant to applicable law.
2. Funds Held by Land Title. Land Title shall keep all funds deposited pursuant to any closing
and settlement services separate and apart from the assets of the company, in an account
designated as an escrow account or custodial account and so recognized by the depository
institution. The undersigned hereby acknowledge that funds held by Land Title may generate
earnings and understand and agree that such earnings will be retained by Land Title.
3. FDIC Limit Notice. The insurance coverage provided by the Federal Deposit Insurance
Corporation protects a depositor up to a cumulative maximum deposit of $100,000.00 for each
insured financial institution. Ownership is determined by the deposit records of the financial
institution and/or the records of the named custodian of any escrow accounts. Land Title and its
underwriter assume no responsibility for nor will the undersigned hold same liable for any loss
which arises from the fact that the amount of the above deposit may cause the aggregate amount
of any individual depositor's accounts to exceed $100,000.00
Seller(m) Buyer(s)/Borrower(s)
ARDORA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COUNTY OF WELD, A BODY CORPORATE AND POLITIC
COMPANY
By: By: • ‘1 `,/
Gr A
JOHN HESS MANAGER / WILLIAM H. JERRE, CHAIR
Date: August 19, 2005
Form 368 05/29/03 DISCLOSDRS.4.0 25031299
CLOSING CONFIRMATION
LAND TITLE GUARANTEE COMPANY ID# 84-0572036 FOR 1099 REPORTING
Property Address VACANT LAND
Commitment No. PC25031299 Escrow # GR25031299
Date of Closing August 19, 2005 Closer Melinda Gualandri
1099-S PROCEEDS FROM REAL ESTATE TRANSACTIONS
SALE n REFI n DEED IN LIEU n EXCHANGE n
CORPORATION in GOVERNMENT n EXEMPT n
TRANSFEROR'S name Date of Closing
ANDORA INVESTMENTS LLC, A COLORADO August 19, 2005
LIMITED LIABILITY COMPANY
Transferor's Proceeds Sales Price
410-4, j $12,638.00 $12,638.00
41
Address or legal description (including City,SL,Zip)
VACANT LAND
Forwarding Street address (including apt. no.)
28 PINE BROOK ROAD
City, State and ZIP code
BOULDER CO 80304
Phone number
Transferor received property or services as part of consideration
Buyer's part of real estate tax S
Check Box, if YES n
Under penalties of perjury, I (we) certify that the number(s) shown on this statement is/are my/our correct
Taxpayer Identification Number(s).
ANDORA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY Water/Sewer Escrow Amount: $0.00
COMPANY �j�/,
JOHN HE AGER
Please note: You are required by law to provide Land Title Guarantee Company with your correct
Taxpayer Identification Number, and that number must correspond to the entry made in the
"Transferor's Name" box. If you fail to provide Land Title Guarantee Company with the correct
Taxpayer Identification Number, you may be subject to civil or criminal penalties as provided by law.
Form 372 01/16/03 IRS
AFFIDAVIT (Entity - Transferor)
TO: COUNTY OF WELD, A BODY CORPORATE AND POLITIC
Transferee (Buyer)
Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real
property interest must withhold tax if the transferor (seller) is a foreign person. To inform the
transferee (buyer) that withholding of tax is not required upon the disposition of a U.S. real
property interest
ANDORA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COMPANY
hereinafter referred to as the transferor, certifies the following:
1. The transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign
estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations);
2. The Transferor is not a disregarded entity as defined in 1.1445-2(b)(2)(iii);
3. The transferor's U.S. employer identification number is
, and
4. The transferor's office address is:
28 PINE BROOK ROAD
BOULDER CO 80304
The transferor understands that this certification may be disclosed to the Internal Revenue
Service by transferee and that any false statement contained herein could be punished by fine,
imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification and to the best
of my knowledge and belief it is true, correct and complete, and I further declare that I have
authority to sign this document on behalf of the transferor.
ANDORA INVESTMENTS LLC, A COLORADO LIMITED LIABILITY
COMPANY
By:
JO BSS, MANAGE
DATE: August 19, 2005
STATE OF COLORADO
ss.
COUNTY OF MELD
Sworn to before me on this day of August 19 2005
by JOHN HESS, MANAGER OF ANDORA INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY
COMPANY
My commi ; Witness my hand and official seal.
�lAR � ;
ii
)d"otary'Public e /
Form 236 FIR ♦ .: O9. CR25031299
OF
REAL PROPERTY TRANSFER DECLARATION
GENERAL INFORMATION (TD_1000)
PURPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure
fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised
Statutes (C.R.S.).
REQUIREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder
for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and
signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S.
PENALTY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder
notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty
days after the notice is mailed.
If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor
may impose a penalty of $25.00 or .025p (.00025) of the sales price, whichever is greater. This penalty may be imposed for
any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b),
C.R.S.
CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the
buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the
Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality
requirements as provided by law. 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S.
1. Address and/or legal description of the real property sold: (Please do not use P.O. box numbers)
VACANT LAND
2. T,xype of property purchased: ED Single Family Residential ED Townhome Condominium Multi-Unit Res
u Commercial EDIndustrial ED Agricultural ED Mixed Use a ED
Land ❑ Other
3. Date of closing: August 19, 2005 Contract date:
4. Total Sales Price: including all real and personal property. $12,638.00
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 prc� will be assumed to be for the real propieDY-as per 39-13-102, C.R.S.
IJ Yes No No If yes, approximate value $ --ell 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 ❑X No If yes, value $
If yes, does this transaction involve a trade under IRS Code Section 1031? ❑ Yes ❑X No
7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased.
❑X Yes ❑ No If no, interest purchased
8. Is this a transaction among related parties? Indicate whether the buyer or setter are related. Related parties include
Lersons within the same family, business affiliates, or affiliated corporations.
E
Yes ❑X No
9. Check any of the following that apply to the condition of the im rovements at the time of purchase.: /
❑ New ❑ Excellent ❑ Good ❑ Average ❑ Fair LJ Poor ❑ Salvage. A14 [dead
�)7�a /
If the property is financed, please complete the following. /fir1X1,u (UUA
10. Total amount financed. $
11. T 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 ❑ Yes ❑ No; Amount Due Date
13. Please explain any special terms, seller concessions, or financing and any other information that would help the
assessor understand the terms of sale.
For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and
condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete.
14. Did the purchase price include a franchise or License fee? ❑ Yes ❑X No
If yes, franchise or license fee value? $
15. Did the purchase price involve an installment land contract? ❑ 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 19, 2005 . Please designate buyer or seller.
// /_ Mailing Address
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
Form 358 1/17/03 RPT REAL PROPERTY TRANSFER DECLARATION FC25031299 (1700261)
9j
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that ANDORA INVESTMENTS, LLC, A
COLORADO LIMITED LIABILITY COMPANY, 28 Pine Brook Road, Boulder, CO
80304, 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.
John Hes anager of An ora Investments, LLC, a Colorado
Limited bility Company
State of Colorado)
) ss:
County of"i u
The foregoing instrument was acknowledged before me this IC day of August, 2005
by: John Hess, Manager of Andora Investments, LLC, a Colorado Limited Liability
Company.
Witpess my hand/and official seal.
,/
!Th M , / vi��CTARY13.
No1)4 Public
My Commission expires: if'?AA-1'4W
sT PUBUC P$
4 'OF CCU'.
1 111111 1111111111111111111111 VIII 11111 III 111111111 u11
3329945 10/07/2005 03:35P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
010 5- Ili3
EXHIBIT A
•
DEED DESCRIPTION
1528-203-070.01 3070-DD-18A.DOC(REV.2.25.05)
SHEET IOF2 •
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO.3244692, WELD COUNTY PUBLIC
RECORDS,LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18,TOWNSHIP 1 NORTH,RANGE 67
WEST OF THE 6"'PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID
SOUTHWEST QUARTER OF SECTION 18 BEARS N 00°11'41"W AND MONUMENTED AS FOLLOWS:
-THE WEST QUARTER CORNER OF WHICH BEING A 2.5"ALUM CAP, L.S. 28258.
-THE SOUTHWEST CORNER OF WHICH BEING A 2.5"ALUM. CAP,L.S 28258.
COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 18
THENCE S 89°36'57"E ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 18 A
DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD 13;
THENCE N 00°11'41"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A
DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF LAND RECORDED AT
RECEPTION NUMBER 3244692, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE N 00°11'41"W CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF
1387.16 FEET TO THE NORTHWEST CORNER OF SAID PARCEL OF LAND RECORDED AT RECEPTION
NUMBER 3244692;
THENCE S 76°14'06"E ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND A DISTANCE OF 30.91
FEET TO A POINT 30 FEET EASTERLY AND PERPENDICULAR TO SAID EASTERLY RIGHT-OF-WAY LINE
OF WELD COUNTY ROAD 13;
THENCE S 00°11'41"E ALONG A LINE LYING 30 FEET EASTERLY AND PARALLEL WITH SAID
EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1380.01 FEET TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8;
THENCE N 89°36'57"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET TO
THE POINT OF BEGINNING;
CONTAINING 41,508 SQ.FT.OR 0.9529 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 AND CHECKING.
CHRISTOPHER H. McELVAIN,
PROFESSIONAL LAND SURVEYOR _`
'= 38561
€
COLORADO REGISTRATION NO.36561, '• €:‘6t.
FOR AND ON BEHALF OF JeHN ENGINEERING,INC. 6:„ Q/QrL
5855 WADSWORTH BYPASS#A-100
ARVADA,CO. 80003 "'41. LAND
'`J
--
111111111111111111111111111111111111111 III 111111111 IIII
3329945 10/07/2005 03:35P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
.• FOUND 2-1/2' ALUM. CAP E X H I B I � IV A h A
W 1/4 COP SEC It
LS 28258. 1999
_ S 89'58.13" W [�I
2623S ---_-- y 589'3708' E --2559.76'---- SHEET 2 OF 2
C1/4 COR SEC 13
FOUND 3' ALUM. CAP 01/4 CUR SEC 18
LS 28258, 1999 FOUND 2' ALUM. CAP
LS 29425. 2001
O.N.
146918300002
NICKS & JOHNSON DACONO FARM LLP
1427 REMBRANDT RD.
BOULDER. CO. 80302
REC NO 3244691
I OESCRIPTICN-SW 1/4 SEC 18
•i
o0
1
lommimilHO 300
79,
m" I INCH = 300 FEET
✓le
DATE:• 2.25.05 1
oz i
D.N. FC25031324 <6 I '
146713000052 t o s 1
932DACON WALNUTAST.S LL cc S75'14'064E f
LOUISMLLE, CO. 80027 2 30.91'; )
REC NO 2969674 ..
SE 1/4, SEC I3 TIN. R68W 240 AC.S ,
m
n1 1.
NO SITE ADDRESS i ' •
u
m a
W
mrc 1 OIL AND GAS LEASE C \'•\
z< J. REC. NO. 1549748 BK 628 ..).1:".
l .R'F•i�►\I
so SW 1/4 SEC IS (Y r
G1 F. US PATENT op 4
/ fit: (nUr-
•.
m I MINERAL RIGHTS % C' cCC .:a 0,
D,§ m T BR 57 PG 141 / ,: 3VAJll1 >:
MINERAL RESERVATION SE/4, N/2 SW/4 m'" ° ' COAL MINING LEASE AGREEMENT il v .0 .]UJ4l z:&
2969672 is Sw 1/4 SEC 18
REC. NO 1504561 BR 583 9i 1 j
6. .f1 SUN• �, N,,�1a •��
O OEtu �r t ,�,1„'.LLg4 t,,s ill 1.N,40
S
ADDITIONAL RIGHT-OF-WAY
AQOUISITION AREA 41,508 S.F.
I NOTE:
p :' - THI5.1S NOT A LANG SURVEY PLAT OR
IMPROVEMENT SURVEY PLAT. NO MONUMENTS
g. r.L ON WERE SET FOR THE PREPARATION OF
tas91R]0000I THE ATTACHED LEGAL DESCRIPTION.
a , . r ANDORA INVESTMENTS LLC
30� ; 2955 VALMONT RD. STE. 210 EXHIBIT MAP A
. mt4 :. , BOULDER. CO. 80301
1 e m ... ; REC NO 3244692 WELD COUNTY ROAD 13
a,dm.. DESCRIPTION-5w I/4 SEC 18
9. - I LEGAL DOES NOT CLOSE BY 60.00' HICKS k JOHNSON DACONO FARM LP PONT CF m
BEGINNING < SW 1/4 SEC 18, T.1N., R.67W. 6TH PM,
a COUNTY OF WELD, STATE OF COLORADO
PONT OF
COMMENCEMENT 4 ACQUISITION AREA 41.508 S.F.
sw caR SEC 18 30 0' :N89'36'57'W
FOUND /6 REBAR 1 C I 30.00' 2.25.05 DEED DESCRIPTION
WITH 2 1/2" ALUM. CAP
LS 28258. 1999 1 -+--F---
JN. 1525-03-070.011 3070—DD-18A
�
939.225'56 E_ -' `Ztry 589'3857E i
2613.85' _____ _-___ (� J M
2571.90' {� _ �
]0.00' '._
HN
H00't i'41'W '�_y_
S1/4 CDR SEC 13 IJ 51/4 DDR SEC 18
�'� ENGINEERING JE
FOUND g6 REBAR 30.00' FOUND #6 REBAR V Ll��sy
WITH 2-1/2' ALUM. CAP '6II \y
LS 24205, 2001 S89'36'5TE LATH 2-1/Y ALUM. CAP AAA 5955IM,CORM fi14A6S,AI06
LS 28656, '993 UNADA,CO 801p3
'N603 46Ti4J
1 111111 11111 'III! 111111 111111 11111 IIIII III 11111 I'll IIII wWWJEHNENORIEEF04900m
3329945 10/07/2005 03:35P Weld County, CO
3 of 4 R 0.00 0 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).
/6fr
- s\ Dated®this I — lday of 2005.
86i ?1 ' ' )
ST: COUNTY OF WELD, A BODY
r ' TO THE BOARD OF COPRORATE AND POLITIC OF
.4.91 TY COMMISSIONERS THE STATE OF COLORADO
c"i,19THE COUNTY OF WELD
By: . By: `q
Deputy Clerk to e Board William H. Jerke, Chair
BOARD OF COUNTY
COMMISSIONERS OF THE
OF THE COUNTY OF WELD
STATE OF COLORADO)
)SS.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, 2005 by William H. Jerke, Chair, Board of County Commissioners of the County of
Weld.
Witness rYiy h 4nd o eat.
JULIE A. CITO
Not 1 Vl NOTARY PUBLIC
STATE OF COLORADO
My commission expires: My Commission Expires Nov. 17,2006
1111111 1111111111 111111 111111 1111111111II11111111111111
3329945 10/07/2005 03:35P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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