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Home My WebLink About20043314.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN -YONGGE AND SHOUA VUE 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 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 Yongge and Shoua Vue, 5817 Weld County Road 6, Erie, Colorado 80516, 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 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 Yongge and Shoua Vue, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 17th day of November, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W DCOUNTY, COLORADO r ATTEST:_- Milid-41 r� � Iasi , � Robert D. Masden, Chair 1' We(d� . Clerk to the Board 'fit 1 ' 'IC, 7/iii William erke, Pro-Tem Yr Deputy Clerk tot e Board -1fri,1� eile APPROVE= AS TO' I•. cr / David . Long ••n Atto ne Glenn Vaad Date of signature: 79- --,e77 2004-3314 EG0050 6'O ��P , r11'h(�, J L-- ;o,-17-0(-1 p ,1\1(;" MEMORANDUM C TO: Clerk to the Board DATE: November 10, 2004 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 Weld County Road 13 with Yongge Vue and Shoua L. Vue. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M\FrancieAAgend-Leon.doc .,c C `l- -i -?/(/ 1j AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN YONGGE VUE AND SHOUA L. VUE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this c4 day of /10✓ ,2004,by and between Yongge Vue and Shoua L. Vue whose address is 5817 Weld County Road 6, Erie, Colorado 80516, 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" and Exhibit "B", 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"and Exhibit"B",attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of Thirteen Thousand and no/100 ($13,000.00)dollars. This consideration is being offered in lieu of condemnation 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 iii IIIIIIIVIIIVIIIIIII11111111VIIIVIIIIIIVIIIIIIII 3243764 12/14/2004 11:59A Weld County, CO 1 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2004-3314 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 2004 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. 111111 il�ll 11111 III 111111111111111111 JO 11111 IIII IIII 3243764 12/14/2004 11:59A Weld County, CO 2 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: OWNER: (AC r YONGGE VUE SHOUA L. VUE TAX ID NUMBER: TAX ID NUMBER: ANS 1.; :Sal / � �!a BOARD OF COUNTY COMMISSIONERS � 0014 ��lll OF WELD COUNTY, STATE OF COLORADO ?d?1. 1C1erk to the Board i By: os , �4 BY: W17k) Deputy Clerk to the Board -- Robert D. Masden, Chairman NOV 1 7 2004 11111111111111111 /III 111111111111111111III11111Hill 3243764 12/14/2004 11:59A Weld County, CO 3 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder do 14/-33A9' EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-13B.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NUMBER 2684760,WELD COUNTY PUBLIC RECORDS,LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24,TOWNSHIP I 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 SOUTHEAST QUARTER OF SECTION 24 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS: -THE EAST QUARTER CORNER OF WHICH BEING A 2"ALUM CAP, L.S. 25937. -THE SOUTHEAST CORNER OF WHICH BEING A 2.5"ALUM CAP,L.S. 24305. COMMENCING AT SAID SOUTHEAST CORNER OF SECTION 24; THENCE N 00°06'35"W ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 24 A DISTANCE OF 29.89 FEET; THENCE S 89°53'25"W A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE N 00°06'35"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1105.46 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF BULL CANAL AS RECORDED AT BOOK 406,PAGE 293,WELD COUNTY PUBLIC RECORDS SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S 74°08'54"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 31.17 FEET; THENCE N 00°06'35"W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13,A DISTANCE OF 948.27 FEET; THENCE S 88°18'35"E A DISTANCE OF 30.01 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 938.87 FEET TO THE POINT OF BEGINNING; CONTAINING 28,305 SQ.FT. OR 0.6498 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. \ Qp RED/ \`11! .P •'" Te tl CHRISTOPHER H.McELVAIN,PROFESSIONAL LAND SURVEYOR j i COLORADO REGISTRATION NO.36561, �/ • , 36561 IIz:. 5 FOR AND ON BEHALF OF 1 'x '• Dl JeHN ENGINEERING,INC. 11 Ste',' /• ' ,� 5855 WADSWORTH BYPASS#A-100 ��etiVAL1A0 ARVADA,CO. 80003 111111 1111111111 1111I III I 1111111111111111111111 11111 Ern 3243764 12/14/2004 11:59A Weld County, CO 4 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder , A BRAD A. LINKUS EI/4 COR SEC 24 EXHIBIT NAP / FOUND #6 REBAR I WITH 2" ALUM. CAP III I� o L5 25937,98] -- � SHEET 2 OF 2 N89'52'30'W 589'44'46_E - ---2624.35'---- z 5235.43' }----11 C1/4 COR SEC 24 F i FOUND 06 REBAR 35 E1/4 416 SEC 19 WITH 2' ALUM. CAP I FOUND g6 REBAR LS 25937, 1997 a M1TH ALUM. CAP LS 7242, 1 19994 'a I DEBRA DORMAN s F = ,0 . JOHN P. WOLKEN FE is M .... • a 5,'e: a F .01., Q i LAIN VII,* .*k E^s PIA- z, / T2 eL E 9,i' �i 58 5 . C898.3E Y ip 30.01' -- - '....�..- v • t0a Y m N: rr 0 150 300 a cl 0 DEBRA DORMAN — .....-_t O.N. FC25031295 v 146724000083 LE-' 1 INCH = 300 FEET �$ SHOULA & YONGGE VUE :.. ' DATE: 9.3.04 w 2 5817 COUNTY RD. 6 -3� ERIE, CO. 80516 REC. NO. 2684760 8 o NO SITE ADDRESS z:.; ADDITIONAL RIGHT-OF-WAY _02 ACOUISI110N AREA 28,305 S.F. I— 0• • ' PANT OF a a o BEGINNING \ —p p m!1 1 =N �7 a' '3 = goo • / ` .1 —a0 L ea < i R )' ! —moo E+. A '9',2227 Q" II N O cc I1 ,,� 0 man 4, , . ,.4' 3 0 38561 , L i o s74T)8'54•w III do( =m it) 31.17' ,_ / F 11\\ u� N a NOTE:�g NIA 2o Ia a 3 LAWRENCE & ALYCE TOTEMS TRUST THIS IS NOT A LAND SURVEY PLAT OR w IMPROVEMENT SURVEY PLAT. NO MONUMENTS I-m o WERE SET FOR THE PREPARATION OF Ca a'o THE ATTACHED LEGAL DESCRIPTION. w i ";gco -J EXHIBIT MAP A SHOULA & YONGGE VUE '4,n'N m tuw z =old 2 WELD COUNTY ROAD 13 g SHOD;A & YONGGF VI IF SE 1/4 SEC 24, T.1N., R.68W. 6Th PM, COUNTY OF WELD, STATE OF COLORADO 0, w ACQUISITION AREA 28305 S.F. S1/4 COR SEC 19 30 63' 30 FOUND #6 REBAR 8.27.04 I DEED DESCRIPTION 589'53'25'W NO0'O6'35"W WITH 2" ALUM. CAP _ 1 30.00' 29.89' IS 29425. 2000 IN R.B. JN. 1528-03-070.01 I 3070—DD-138 0 d 589'4041'W89_51'41'W 2613.89' llI i�-2635'00 - 6: POINT OF �CR y J e H N CC I COMMENCEMENT I ENGINEERING J= 51/4 COR SEC 24 a n SE COR SEC 24 //,r FOUND #6 REBAR a FOUND 1' PIN WITH ' I BL,g61 MV WADSWORTH BYPASS,A-100 WITH 2' ALUM. CAP rIC 2 1/2" ALUM. CAP V _ ARVADA.CO B0003 LS 25937, 1997 IN R.B. wl2 IN RANCE BOX PH.13031423-6036 FAX(003)467-9438 LS 24305, 2002 WWWJEHNENGINEERING COM EXHIBIT B DEED DESCRIPTION 1528-203-070.01 3070-DD-13A.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NUMBER 2684760,WELD COUNTY PUBLIC RECORDS,LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24,TOWNSHIP I 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 SOUTHEAST QUARTER OF SECTION 24 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS: -THE EAST QUARTER CORNER OF WHICH BEING A 2"ALUM. CAP, L.S. 25937. -THE SOUTHEAST CORNER OF WHICH BEING A 2.5"ALUM CAP,L.S. 24305. COMMENCING AT SAID SOUTHEAST CORNER OF SECTION 24; THENCE N 00°06'35"W ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 24 A DISTANCE OF 30.00 FEET; THENCE S 89°40'55"W A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6 AND THE POINT OF BEGINNING; THENCE S 89°40'55"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6 A DISTANCE OF 30.00 FEET TO A POINT 30 FEET WESTERLY AND PERPENDICULAR TO SAID WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 13; THENCE N 00°06'35"W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1034.77 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BULL CANAL AS RECORDED AT RECEPTION IN BOOK 406,PAGE 293, WELD COUNTY RECORDS THENCE N 74°08'54"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 31.17 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE S 00°06'35"E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1043.12 FEET TO THE POINT OF BEGINNING; CONTAINING 31,167 SQ.FT.OR 0.7155 ACRES MORE OR LESS. I,CHRISTOPHER H.McELVAIN,A SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. E361.. G/ • �F CHRISTOPHER H.McELVAIN v PROFESSIONAL LAND SURVEYOR 36561 E o COLORADO REGISTRATION NO. 36561, 1561 FOR AND ON BEHALF OF ' . .. JeHN ENGINEERING,INC. S'y�,;i 5855 WADSWORTH BYPASS#A-100 ARVADA, CO. 80003 1111111 11111 11111 IIII 11111111 11111 11111 111 11111 1111 101 3243764 12/14/2004 11:59A Weld County, CO 6 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder _ BRAD A. LINKUS E1/4 COR SEC 24 EXHIBIT NAPA FOUND #6 REBAR I WITH 2° ALUM. CAP LS 25937, 1997 �I SHEET 2 OF 2 111 N89'52'30"W 56235.46_E 1111 _ 1I'� _— 2624.35' _ _—_ 5235.43' `I____41). /1� C1/4 COR SEC 24 .I III 7 FOUND #6 REBAR MTh 2' ALUM. CAP E1/4 COR SEC 19 I LS 25937, 1997 I '. FOUND #6 REBAR DEBRA DORMAN WITH 3-I/4" ALUM. CAP LS 7242, 1994 .G'• I JOHN P. WOLKEN IC.I 2 x C.. r. ry 3 I'„< •40.;,+TAFN MEW ESTATES MI= IR ..1.,(4,, sUE3DI :I0^. PL,- O O ;$1 0F LO. Al ESM Ira E., __. ._-_...._ —O CC —c.a 45 F =V a g —V C a - .1:1E I i. DEBRA DORMAN _ oo ffi I_ M3- • INIM o CC Z• le 3I� LOT 0 150 300 U uJ y....- F'NP< ET as C SHOULA & YONGGE VUE a om Sao 1 INCH = 300 FEET w o Ia< DATE: 9.1.04 �c10 n'� ...- ---- .4 • �'q �T� N 74'0854 E 8, V E.�; !� �mr 3117 h AI• RN __ /�YY!t., 'i 4CT _ „ >. / ADDITIONAL RIGHT-CF-WAY ( s Oj// ,i '> ,'� _ACQUISITION AREA 31,167 S.F. I,' / I, ••,! � / SO '30 \\��ANNI.:40176 pq NOTE: ,A LAWRENCE & ALYCE TOTEMS TRUST THIS IS NOT A LAND SURVEY PLAT OR -r < IMPROVEMENT SURVEY PLAT. NO MONUMENTS PARCEL 13A ' a WERE SET FOR THE PREPARATION OF O.N. FC25031295 p LL THE ATTACHED LEGAL DESCRIPTION. 146724000084 SHOUL EXHIBIT MAP A SHOULA & YONGGE VUE 5817 COUNTY RD. 6 ~ ERIE, CO. 80516 WELD COUNTY ROAD 13 REC. NO. 2684760 M •.:- oz SHOIILA & YONGGF VHF SITE: 5817 WCR 6 r S SE 1/4 SEC 24, 7.1N., R.68W. 6TH PM, COUNTY OF WELD, STATE OF COLORADO 8 :.:9 < S89'40'55"W z : I 30.00' ACQUISITION AREA 31,167 S.F. 61/4 COR SEC 19 S89.40755•W FOUND #6 REBAR 8.27.04 DEED DESCRIPTION 30.00, LS 2" ALUM. CAP \:. N 00'06.35" W LS 29425, 2000 IN R.B. JN. 1528-03-070.011 3070—DD-13A • 30.00' ��S1 W _ _ N89_51'41°W 2613.89' __ Q e H N -2635.00' ; �� 4 $ 2635.0 � _..: 'v_ POINT OF a1 POINT OF I` - COMMENCEMENT ENGINEERING Ji S1/4 COR SEC 24 BEMIRING o n SE COR SEC 24 FOUNDO1 _ ��` #6 REBAR 'a ,, FOUND 1" PIN WITH - 5655 WADSWORTH BYPASS,A-1W WITH 2' ALUM. CAP im 2 1/2" E M. CAP - ARVADA 6 O 80003 LS 2593], 1997 IN R.B. wlm IN RANGE BOX PH,(303)423-6036 FAX(303)467-9430 LS 24305, 2002 WWW.3EHNENGINEERINGODM 1111111 11111 11111 1111111111111111111111 I I 1111111111 I I I I 664 3256684 01/27/2005 12:40P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Yongge Vue and Shoua L. Vue whose address is 55817 Weld County Road 6, Erie, CO 80516,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 Statutue43-2-201(1)(a), free and clear of all lines 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. Yongge Vue, Owner Shoua L. Vue, Owner State of Colorado) ) ss: County of Weld ) t 23- The foregoing instrument was acknowledged before me this ' day of 04 by Yongge Vue and Shoua L. Vue. Witness my hand and official seal. \pRV PUB �o ...............:lip, vYY14� 1 C_C Notary Public 1 MELINDA GUALANDRI My commission expires: lb 1"1 c �q C OFCO.Q My Commission xpires:___ 1111111 111 11 11111111111111111111 111111 11111 11111 111111 1111111111 1111 3256684 01/27/2005 12:40P Weld County, CO 2 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 43-2-201(1)(a). ��G, �' b ,` • Dated this i0 -day of January 2005. '' .00a ).1);`l f COUNTY OF WELD, A BODY 'LC TO THE BOARD OF COPRORATE AND POLITIC OF LINTY COMMISSIONERS THE STATE OF COLORADO OF THE COUNTY OF ELD // ' By: - By: 1.-' Deputy Clerk to the Board _ William H, Jerke, Chair JAN 1 7 2005 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 JUG day of January, 2005 by William H. Jerke, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. 14u YI`c1 f o A RV PUBe/ c Notary Public I , MELINDA GUALANDRI My commission expires: C I') LtP ica ,Qo ' Cnirm.ssiae xpires: EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-13B.DOC SHEET IOF2 A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NUMBER 2684760,WELD COUNTY PUBLIC RECORDS,LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24,TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6'"PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS. BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 24 BEARS N 00°06'35"W AND MONUMENTED AS FOLLOWS: -THE EAST QUARTER CORNER OF WHICH BEING A 2"ALUM CAP, L.S. 25937. -THE SOUTHEAST CORNER OF WHICH BEING A 2.5"ALUM CAP,L.S. 24305. COMMENCING AT SAID SOUTHEAST CORNER OF SECTION 24; THENCE N 00°06'35"W ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 24 A DISTANCE OF 29.89 FEET; THENCE S 89°53'25"W A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE N 00°06'35"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1105.46 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF BULL CANAL AS RECORDED AT BOOK 406,PAGE 293,WELD COUNTY PUBLIC RECORDS SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S 74°08'54"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 31.17 FEET; THENCE N 00°06'35"W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13,A DISTANCE OF 948.27 FEET; THENCE S 88°18'35"E A DISTANCE OF 30.01 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 938.87 FEET TO THE POINT OF BEGINNING; CONTAINING 28,305 SQ.FT.OR 0.6498 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. pip p R.E �a�� l li CHRISTOPHER H.McELVAIN,PROFESSIONAL LAND SURVEYOR / /. , 36561 =:g 9 COLORADO REGISTRATION NO.36561, Dy FOR AND ON BEHALF OF till S / JeHN ENGINEERING,INC. '�� 5855 WADSWORTH BYPASS#A-100 Ik g j yp = ARVADA,CO. 80003 1111111 11111 11111 1111111111111111111111111 11111 I'll Ill 3256684 01/27/2005 12:40P Weld County, CO 3 of 4 R 0.00 D 0.00 Stew: Moreno Clerk& Recorder • • L.LE,4ND 06 COR 5E'REBAR24 EX H II I V A P A BRAD A. LINKUSI T FIXH WITH 2' ALUM. CAP LS 25937, 1997 I SHEET 2 OF 2 N89'52'30'8W 589'44'46_E �_—_ 2624.35 7'��. 5235.43' C1/4 COR SEC 24 ? I I E1/4 COR SEC 19 REAR FOUND i6 FOUND :,16 REBAR WTH 2' ALUM. CAP a WITH 3-1/4' ALUM. CAP LS 25937, 1997 [ LS 7242, 1994 I DEBRA DORMAN I l r m I-12 JOHN P. WOLKEfJ u ' Io O I • a la ry 9 z M 1031 F lam O Q Iy5 C3 lm N'JUNT AIN VIEW ESTAT(5 ca.15 a MINOR SUBDIVISION MEAT a -` 33_33 +l [VI 70' DRIVE &115, ESMT ___....._'...._,_ 1_.__ O U S88'18'35'E . . - 33 3 3 .. , mim O O • a 30.01' G' --? Iv 19I M- 0 150 300 arm 4 fa' N.. P� ON Q P DEBRA DORMAN' R io mi=O.N. FC25031295 LOT 4- 1 INCH = 300 FEET -1O0 146724000083 ; a O O SHOULA & YONGGE WE ' DATE: 9.3.04 _N 5817 COUNTY RD. 6 .� r4pp ENO ERIE, CO. 80516 P . j I a--o REC. NO. 2684760 8 : °{ re NO SITE ADDRESS Z./-ADDITIONAL ADDITIONAL RIGHT-OF-WAY I a s lir ACQUISITION AREA 28,305 S.F —m I D ui`o POINT OF 9Ut CAN>�.RN_>22� 0 RE �I� ,8`E" GANII RN .9.222RA I ,, �II Fy 4� T>\ t3: f0Y 0'!)6L1' i2JW i yLYE N 9�22Y' •'•C.••P . c. �C°DOE. nn3��r�"bc: a l' jl a 36561 q: i. 574.08'54•W/ l /// �j g 31.17' Imo ,/ 1111 �i: /a •-�Q=�.. l' I z ��dig" -Aihs, ' gl:no a NOTE .s a s a LAWRENCE & ALYCE TOTEMS TRUST THIS IS NOT A LAND SURVEY PLAT OR I<a 3 IMPROVEMENT SURVEY PLAT. NO MONUMENTS o m 8 WERE SET FOR THE PREPARATION OF '‘.26 4 THE ATTACHED LEGAL DESCRIPTION. In u 2 r) EE� EXHIBIT MAP A SHOULA & YONGGE WE p Itn m a ggl E WELD COUNTY ROAD 13 .ILL Q CHn11I A & YON:OF VI IF L., SE 1/4 SEC 24, TIN., R.68W. 6TH PM, ' COUNTY OF WELD, STATE OF COLORADO W ACQUISITION AREA 28305 S.F. 51/4 COR SEC 19 30 6]'30 FOUND #6 REBAR 8.27.04 I DEED DESCRIPTION 5893.00 N029.89' ALUM. CAP 30.00' 29.63' LS I 29425.2' IN R.B. JN. 1528-03-070.01 I 3070-DD-136 {l ��52635.00•'W - _; N89_51'41'W MCIN 83 1III Q7 JeHN_ OINT OF CI PCOMMEIIGEMElT W {A �. _ -.�_1 51/4 COR SEC 24 ml N. SE FOUND CO 24PI ENGINEERING 1e 5655 WILSWORTH BYPASS,A-100 FOUND #6 REBAR ,/ ARVADA.CO20003 MTh 2' ALUM. CAP "Ib 2 1/2' ALUM. CAP '� PH.13031423.6036 FAX 1303)d67'9430 LS 25937, 1997 IN R.B. LAI IN 24 24305, 2002 05 BOX WWWJEHNENGINEERWG.COM LS The printed portion of this form is approved by the Colorado Real Estate Commission (SS-60-7-71) LAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT 2170 35TH AVE ao "PURCHASERS" GREELEY, Co 80634 PROPERTY ADDRESS 5817 WELD COUNTY ROAD 6 , ERIE, CO 80516 SELLER(S) : YONGGE VUE AND SHOUA L. VUE HUYER(S) : COUNTY OF WELD SETTLEMENT DATE: 01-04-2005 DATE OF PRORATION: 01-04-2005 ITEM DESCRIPTION Debit Credit Contract Sales Price 13, 000. 00 Courier Fees 16. 00 Title Ins Premium MORTGAGEES POLICY 192. 00 Tax Certificate 20. 00 Real Estate Closing Fee LAND TITLE 200. 00 *** SubTotals *** 13, 428. 00 0. 00 Bal Due From Buyer 13,428. 00 ** TOTALS ** 13,428. 00 13, 428. 00 The above figures do not include sales or use taxes on property. APPROVED AND ACCEPTED PURCHASER(S) : REAL ESTATE BROKER(S) County of Weld William H. Jerke, Chair JAN 17 2005 LAND TITLE CLOSING AGENT: L G Melinda Gualandri ESCROW NO. : GR25031295 Form No. LTG1 COMMITMENT NO. :FC25031295 The printed portion of this form is approved by the Colorado Real Estate Commission (SS-60-7-71) LAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT 2170 35TH AVE #D "SELLERS" GREELEY, CO 80634 PROPERTY ADDRESS 5817 WELD COUNTY ROAD 6 , ERIE, CO 80516 SELLER(S) : YONGGE WE AND SHOUA L. WE BUYER(S) : COUNTY OF WELD SETTLEMENT DATE: 01-04-2005 DATE OF PRORATION: 01-04-2005 ITEM DESCRIPTION Debit Credit Contract Sales Price 13, 000. 00 Previous Year Taxes 2,245.20 *** SubTotals *** 2,245.20 13, 000. 00 Bal Due Seller 10, 754. 80 ** TOTALS ** 13, 000. 00 13, 000. 00 The above figures do not include sales or use taxes on property. APPROVED AND ACCEPTED SELLER(S) : REAL ESTATE BROKER(S) YONGGE WE 5/12 Aw SHOUA L. VUE LAND TITLE CLOSING AGENT: Melinda Gualandri ESCROW NO. : GR25031295 COMMITMENT NO. :FC25031295 Form No. LTG2 PURCHASER FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. FC25031295 Escrow No. GR25031295 State of Colorado, County of WELD RE: Real property and improvements located at: 5817 WELD COUNTY ROAD 6 , ERIE, CO 80516 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. FC25031295 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 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. 4. That the purchaser(s) have or will take possession of the premises on or about January 04, 2005 5. That the full purchase price has been paid by said purchaser(s) to said Owner-Seller. 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: P.O. Box 758 Greeley, CO 80632 County of Weld William H. Jerke, Chair STATE OF COLORADO } COUNTY OF WELD The foregoing instrument was acknowledged before me on this day of s" January 04, 2005 \W. PUB`/ O C by County of Weld MELINDA t. DtlALANDRI WITNESS MY HAND AND OFFICIAL SEAL. :c My • Commission Expires: lo I l Oro (1 �'�'• - Q. Py�� 4leOF....... Form AFF.PUR (10/2001) Notary Public �W, ^commission xpires: EXHIBIT A A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 2684760. WELD COUNTY PUBLIC RECORDS, LOCATED IN THE SE 1/4 OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M. , 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 SE 1/4 OF SECTION 24, BEARS N 00 DEGREES 06' 35" W AND MONUMENTED AS FOLLOWS: E 1/4 CORNER WHICH BEING A 2" ALUM. CAP, L.S. 25937. SE CORNER OF WHICH BEING A 2.5" ALUM. CAP, L.S. 24305. COMMENCING AT SAID SE CORNER OF SECTION 24; THENCE N 00 DEGREES 06' 35" W ALONG SAID EAST LINE OF THE SE 1/4 OF SECTION 24, A DISTANCE OF 29.89 FEET; THENCE S 89 DEGREES 53' 25" W A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6; THENCE N 00 DEGREES 06' 35" W ALONG SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1105.46 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF BULL CANAL AS RECORDED IN BOOK 406 AT PAGE 293, WELD COUNTY PUBLIC RECORDS, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S 74 DEGREES 08' 54" W ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 31.17 FEET; THENCE N 00 DEGREES 06' 35" W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13, A DISTANCE OF 948.27 FEET; THENCE S 88 DEGREES 18' 35" E A DISTANCE OF 30.01 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 938.87 FEET TO THE POINT OF BEGINNING AND COMMENCING AT SAID SE CORNER OF SECTION 24; THENCE N 00 DEGREES 06' 35" W ALONG SAID EAST LINE OF THE SE 1/4 OF SECTION 24 A DISTANCE OF 30.00 FEET; THENCE S 89 DEGREES 40' 55" W A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6 AND THE TRUE POINT OF BEGINNING; THENCE S 89 DEGREES 40' 55" W ALONG SAID NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6 A DISTANCE OF 30.00 FEET TO A POINT 30 FEET WESTERLY AND PERPENDICULAR TO SAID WESTERLY RIGHT OF WAY OF WELD COUNTY ROAD 13; THENCE N 00 DEGREES 06' 35" W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 1034.77 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE BULL CANAL AS RECORDED IN BOOK 406 AT PAGE 293, WELD COUNTY RECORDS; THENCE N 74 DEGREES 08' 54" E ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 31.17 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE S 00 DEGREES 06' 35" E ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 1043.12 FEET TO THE POINT OF BEGINNING. FC25031295 • SELLER-OWNER FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. FC25031295 Escrow No. GR25031295 State of Colorado, County of WELD RE: Real property and improvements located at: 5817 WELD COUNTY ROAD 6 , ERIE, CO 80516 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. FC25031295 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 January 04, 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 liabilites, losses, damages, expenses and charges, including but 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. Se 81 Forwarding Address: 5817 O.7\r_ s _ J Weld County Road 6 v v Erie, CO 80516 YONGGE VUE y'9 z1© U' SHOUA L. VUE STATE OF COLORADO } COUNTY OF WELD The foregoing instrument was acknowledged before me on this day of January 04, 2005 by YONGGE VUE AND SHOUA L. VUE ,iA(+V P&p/ • :•... .. . ic WITNESS MY HAND AND OFFICIAL SEAL. MELINDA My Commission Expires: 1O.r) cx,0 llraD9CC GUALANDRI ,1 Form AFF.SELL (06/2002) Notary Public qTF OF CV' "-,',i ssloe ERpires: EXHIBIT A A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 2684760. WELD COUNTY PUBLIC RECORDS, LOCATED IN THE SE 1/4 OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., 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 SE 1/4 OF SECTION 24, BEARS N 00 DEGREES 06' 35" W AND MONUMENTED AS FOLLOWS: E 1/4 CORNER WHICH BEING A 2" ALUM. CAP, L.S. 25937. SE CORNER OF WHICH BEING A 2.5" ALUM. CAP, L.S. 24305. COMMENCING AT SAID SE CORNER OF SECTION 24; THENCE N 00 DEGREES 06' 35" W ALONG SAID EAST LINE OF THE SE 1/4 OF SECTION 24, A DISTANCE OF 29.89 FEET; THENCE S 89 DEGREES 53 ' 25" W A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6; THENCE N 00 DEGREES 06 ' 35" W ALONG SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1105.46 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF BULL CANAL AS RECORDED IN BOOK 406 AT PAGE 293, WELD COUNTY PUBLIC RECORDS, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S 74 DEGREES 08' 54" W ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 31.17 FEET; THENCE N 00 DEGREES 06' 35" W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13, A DISTANCE OF 948.27 FEET; THENCE S 88 DEGREES 18' 35" E A DISTANCE OF 30.01 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 938.87 FEET TO THE POINT OF BEGINNING AND COMMENCING AT SAID SE CORNER OF SECTION 24; THENCE N 00 DEGREES 06' 35" W ALONG SAID EAST LINE OF THE SE 1/4 OF SECTION 24 A DISTANCE OF 30.00 FEET; THENCE S 89 DEGREES 40' 55" W A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6 AND THE TRUE POINT OF BEGINNING; THENCE S 89 DEGREES 40' 55" W ALONG SAID NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6 A DISTANCE OF 30.00 FEET TO A POINT 30 FEET WESTERLY AND PERPENDICULAR TO SAID WESTERLY RIGHT OF WAY OF WELD COUNTY ROAD 13; THENCE N 00 DEGREES 06' 35" W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 1034.77 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE BULL CANAL AS RECORDED IN BOOK 406 AT PAGE 293, WELD COUNTY RECORDS; THENCE N 74 DEGREES 08' 54" E ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 31.17 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE S 00 DEGREES 06' 35" E ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 1043 .12 FEET TO THE POINT OF BEGINNING. FC25031295 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 AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. TO: LAND TITLE GUARANTEE COMPANY DATE: January 04, 2005 ESCROW NO. CR25031295 TITLE NO. 9025031295 1. YONGGE VUE AND SHOUA L. VUE SELLER(S) and COUNTY OF WELD 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: 5817 WELD COUNTY ROAD 6,ERIE,CO 80516 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 November 08,2004 , 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: c Cashier's check at seller's expense. � Funds electronically transferred (wire transfer) to an account specified by e Seller, at Seller's expense; or X 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 indebt- edness 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 mutual written instruction from Buyer and Seller; or (2) until a civil action between Buyer and Seller shall have been resolved in a Court of competent jurisdiction; or (3) in the alternative, Closing Company may, in its sole discretion, commence a civil action to interpLead, or, interplead in any existing civil action, any documents, monies or other things of value received by Closing Company. Such deposit with the Court shall relieve Closing Company of all further liability and responsibility and Closing Company shall be entitled to all court costs and reasonable 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 January 04, 2005 By: Closing Agent SELLER(S) SSN# PURCHASER(S) SSN# 521-27—(70S YONGGE VUE County of Weld lest ./C I�l — 5).( "I-t 73J • °(--CT. 1.. SHOUA L. VUE William H.Jerke,Chair EXHIBIT A A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 2684760. WELD COUNTY PUBLIC RECORDS, LOCATED IN THE SE 1/4 OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., 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 SE 1/4 OF SECTION 24, BEARS N 00 DEGREES 06' 35" W AND MONUMENTED AS FOLLOWS: E 1/4 CORNER WHICH BEING A 2" ALUM. CAP, L.S. 25937. SE CORNER OF WHICH BEING A 2.5" ALUM. CAP, L.S. 24305. COMMENCING AT SAID SE CORNER OF SECTION 24; THENCE N 00 DEGREES 06' 35" W ALONG SAID EAST LINE OF THE SE 1/4 OF SECTION 24, A DISTANCE OF 29.89 FEET; THENCE S 89 DEGREES 53' 25" W A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6; THENCE N 00 DEGREES 06' 35" W ALONG SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 1105.46 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF BULL CANAL AS RECORDED IN BOOK 406 AT PAGE 293, WELD COUNTY PUBLIC RECORDS, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S 74 DEGREES 08' 54" W ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 31.17 FEET; THENCE N 00 DEGREES 06' 35" W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13, A DISTANCE OF 948.27 FEET; THENCE S 88 DEGREES 18' 35" E A DISTANCE OF 30.01 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 938.87 FEET TO THE POINT OF BEGINNING AND COMMENCING AT SAID SE CORNER OF SECTION 24; THENCE N 00 DEGREES 06' 35" W ALONG SAID EAST LINE OF THE SE 1/4 OF SECTION 24 A DISTANCE OF 30.00 FEET; THENCE S 89 DEGREES 40' 55" W A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6 AND THE TRUE POINT OF BEGINNING; THENCE S 89 DEGREES 40' 55" W ALONG SAID NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 6 A DISTANCE OF 30.00 FEET TO A POINT 30 FEET WESTERLY AND PERPENDICULAR TO SAID WESTERLY RIGHT OF WAY OF WELD COUNTY ROAD 13; THENCE N 00 DEGREES 06' 35" W ALONG A LINE LYING 30 FEET WESTERLY AND RUNNING PARALLEL TO SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 1034.77 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE BULL CANAL AS RECORDED IN BOOK 406 AT PAGE 293, WELD COUNTY RECORDS; THENCE N 74 DEGREES 08' 54" E ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 31.17 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 13; THENCE S 00 DEGREES 06' 35" E ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 1043 .12 FEET TO THE POINT OF BEGINNING. FC25031295 UTILITY AGREEMENT (Water and Sewer to be prorated outside of Closing) At the closing of 5817 WELD COUNTY ROAD 6 , ERIE, CO 80516 (Property Address) on January 04, 2005 (Date) , by Land Title Guarantee Company, both the Buyer (s) and Seller (s) fully understand that Land Title Guarantee Company DOES NOT notify your telephone company, 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 Xcel Energy 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/Mountain Bell Telephone Company and to notify your present Insurance Agent . IT IS THE BUYER (S) RESPONSIBILITY to call Xcel Energy giving 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. XCEL ENERGY IS 1-800-895-4999 QWEST COMMUNICATIONS NUMBER FOR NEW SERVICE IS 1-800-244-1111 (to transfer service, please consult the telephone directory) WATER AND SEWER AGREEMENT NOTE TO THE UNDERSIGNED BUYER(S) -THE UNDERSIGNED BUYER(S) WILL NEED TO CONTACT THE WATER AND SEWER COMPANY WITHIN 45 DAYS OF THE CLOSING TO INSURE PROPER TRANSFER. THE BUYER(S) WILL BE RESPONSIBLE FOR WATER CHARGES FROM THE DATE OF CLOSING. It is hereby agreed by the undersigned Seller (s) that a final reading of the metered water and sewer account or the proration of a standard bill is to be handled on January 04, 2005 on the property referenced above . The Seller (s) herein agree to pay said Water and Sewer bill and to hold the Buyer (s) harmless for any penalties or charges for non-payment . This re-adjustment is the sole responsibility of the Seller (s) and Buyer (s) . Land Title Guarantee Company or its underwriter will not make or be responsible for this re-adjustment or any liability in connection therewith. FURTHER, Seller acknowledges that there is is not :Y 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 funds from seller pending receipt of a written status letter from the association. This Agreement was made and executed this day of January 04, 2005 SELLER (S) BUYER(S) YONGGE VUE � County of Weld WL -ail /l. ✓ �S�. `1?t SHOUA L. VUE William H . Jerke, Chair 9-D Revised (02/04) AGREEMENT FOR TAX E S It is hereby understood and agreed between the Buyer(s) and Seller(s) of the property known as:5817 WELD COUNTY ROAD 6 , ERIE, CO 80516 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. They are as follows: ( ) Land Assessment for (year) ( ) Improvement Assessment for (year) multipled by the mill levy of for (year) equals the current adjustment of $0.00 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 ( 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 in 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 January 04, 2005 BUYER(S) SELLER(S) County of Weld YONGGE VUE tiEA- ! William H. Jerke, Chair SHOUA L. VUE Form No. NRA.FINAL Rev 3/30/96 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)(6), 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. '5i7 of property purchased: E] Single Family Residential ❑ Townhome Condominium 0 Multi-Unit Res [y] Commercial [3Industrial E] Agricultural ❑ Mixed Use Ed Vacant Land ❑ Other 3. Date of closing: January 04, 2005 Contract date: November 08, 2004 4. Total Sales Price: including all real and personal property. $13,000.00 5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire urchase price will be assumed to be for the real property as per 39-13-102, C.R.S. Yes ❑ No If yes, approximate value $ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approx- imate value of the goods or services as of the date of closing. ❑X Yes ❑ No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? ❑x Yes ❑ No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. © 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 ❑X No 9. Check any of the following that apply to the condition of the im rovements at the time of purchase. E] New ❑ Excellent ❑ Good E] Average ❑ Fair Lj Poor ❑ Salvage. If the property is financed, please complete the following. 10. Total amount financed. $ 11. Type of financing: (Check all that apply) ]❑ New ❑ Assumed ❑ Seller ❑ Third Party Combination; Explain 12. Terms: 8 Variable; Starting interest rate Fixed; Interest rate Length of time years Balloon payment U Yes U No; Amount Due Date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please complete questions 14-16 if applicable. otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? ❑ Yes 0 No If yes, franchise or license fee value? $ 15. Did the purchase price involve an installment land contract? 0 Yes 0 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 0 No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed on this day of January 04, 2005 . Please designate buyer or seller. ,- q'_ -t /^ �G Mailing Address Signature_ lof Grantee (Buyer) LA or Grantor (Seller) ❑ COUNTY OF WELD P.O. Box 758, Greeley, CO 80632 Daytime Phone Form RPT (08/02) FC25031295 GR25031295 DISCLOSURE The undersigned hereby acknowledge that they understand and agree to the following provisions: 1. Laws Relating to Unclaimed Funds. All parties are hereby advised that checks issued by Land Title and not cashed by payee are subject to laws of escheat and/or unclaimed property laws. Should Land Title transfer such funds to a state office, Land Title shall be released from all further responsibility under this Agreement and shall not be liable to any Party so long as such payment was made pursuant to applicable law. 2. Funds Held by Land Title. Land Title shall keep all funds deposited pursuant to any closing and settlement services separate and apart from the assets of the company, in an account designated as an escrow account or custodial account and so recognized by the depository institution. The undersigned hereby acknowledge that funds held by Land Title may generate earnings and understand and agree that such earnings will be retained by Land Title. 3. FDIC Limit Notice. The insurance coverage provided by the Federal Deposit Insurance Corporation protects a depositor up to a cumulative maximum deposit of$100,000.00 for each insured financial institution. Ownership is determined by the deposit records of the financial institution and/or the records of the named custodian of any escrow accounts. Land Title and its underwriter assume no responsibility for nor will the undersigned hold same liable for any loss which arises from the fact that the amount of the above deposit may cause the aggregate amount of any individual depositor's accounts to exceed $100,000.00 Seller(s) Buyer(s)/Borrower(s) YONOGE VUE County of Weld t tAe i . I � ___ 4t1 h—ter SHOUA L. VUE William H.Jerk;Chair January 04, 2005 January 04, 2005 Date Date Form: DISCLOSURE 25031295 Hello