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Home My WebLink About20043455.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD AND AUTHORIZE CHAIR TO SIGN -ALBERT AND ANNE SACK 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 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 Albert and Anne Sack,5100 E. 168th Avenue,Thornton,Colorado 80602, 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 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 Albert and Anne Sack, 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 13th day of December, A.D., 2004. BOARD OF COUNTY COMMISSIONERS fl4W LD OUNTY, COLORADO ' Robert D. Masden, Chair k to the Board n N William H. rke, Pro-Tem eputy Clerk to the Board J. ei e `.0 • David . Long y tt n -•`/_‘----12-5-- Glenn Vaad - Date of signature: — 2004-3455 EG0050 CO 'iPw, Ft , ?L ilt MEMORANDUM TO: Clerk to the Board DATE: December 9, 2004 C \ COLORADO FROM: Frank B. Hempen, Jr., t� Director of Public Works/County Engineer SUBJECT: Agenda Item Agreement and Temporary Easement with Albert and Anne Sack. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:AFrancieAAgend-Leon-doc 2004-3455 pj AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 13 BETWEEN ALBERT F. SACK AND ANNE V. SACK AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 101"day of laa'. \v-,2004,by and between Albert F. Sack and Anne V. Sack, whose address is 5100 E. 168th Avenue, Thornton, Colorado 80602, hereinafter referred to as"Owner",and the County of Weld,a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners,whose address is 915 10th Street, Greeley, Colorado 80631 hereinafter referred to as"County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 13, and WHEREAS, Owner owns the property described in the attached Exhibit "A", hereinafter referred to collectively as "Right-of-Way", and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described on Exhibit "A", attached hereto and hereinafter referred to herein as the "Right-of-Way"for the sum of Fifty Four Thousand Three Hundred One and no/100 ($54,300.00) 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 Page 1 of 3 Pages 111111111111 11111 11111 1111111 llll 111111 III VIII OLIN 3253098 01/14/2005 11:41A Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder X46 y-39S 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. 8. Weld County will reimburse the Owner the sum of Fifty Thousand and no/100 ($50,000.00) dollars for the installation of the irrigation system proposed by H&S Irrigation Company, proposal #1628 dated November 22, 2004 attached hereto as Exhibit"C", and the removal and relocation of the existing fence presently located along the easterly right-of-way line of Weld County road 13. Owner will install the new fence along the new easterly right-of-way line prior to the beginning of road construction which is anticipated in the summer of 2005. 9. Owner shall grant County a Temporary Construction Easement, in substantially the same form as the Temporary Construction Easement form attached herein as Exhibit "B". Said easement is needed for the construction of a driveway culvert over the new field access. County will reimburse the Owner the sum of Sixty Five and no/100 ($65.00) dollars for the execution of said easement. Page 2 of 3 Pages 11111111111111111111111111111 I1I111111111111111lIII 1111 3253098 01/14/2005 11:41A Weld County, CO 2 of 5 R 0.00 0 0.00 Steve Moreno Clerk 8 Recorder IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Awed ei )„ anre. /f, 4-,4- Albert F. Sack, Owner Anne V. Sack, Owner ATTEST: /Lei, ,//� /� . La% BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF Igo ��* LI' Lic COLORADO Weld County Clerk to theeo. i ' , nD 44 Ky \ . daliN3 '‘ By i i r �� _� ti BY: W -4 ‘0______., Deputy Clerk to the Board ` Robert D. Masden, Chairman DEC 1 3 2004 Page 3 of 3 Pages 1 111111 11111 11111 11111 111111 MI 111111 III 11111 MI MI 3253098 01/14/2005 11:41A Weld County, CO 3 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder ( Z)Oq-34/5 EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-23.DOC SHEET I OF 2 A PORTION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, 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 31 BEARS N 00°28'28"W AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2.25"ALUM CAP, L.S. 12374. -THE SOUTHWEST CORNER OF WHICH BEING A 3.25"ALUM CAP IN RANGE BOX L.S. 6973. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 31; THENCE N 89°38'20"E ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTIONE 31 A DISTANCE OF 426.17 FEET; THENCE N 00°21'40"W,A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 2 AND THE POINT OF BEGINNING; THENCE N 09°06'28"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 2639.53 FEET; THENCE N 00°28'28"W CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 8.62 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 31; THENCE N 89°43'13"E ALONG SAID NORTH LINE A DISTANCE OF 102.07 FEET; THENCE S 06°57'38"E A DISTANCE OF 1605.68 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S 08°02'03"E A DISTANCE OF 109.80 FEET,HAVING A RADIUS OF 2930.00 FEET,A CENTRAL ANGLE OF 02°08'50" AND AN ARC LENGTH OF 109.81 FEET TO A POINT 40 FEET EASTERLY AND PERPENDICULAR TO THE EXISTING RIGHT-OF-WAY LINE PREVIOUSLY DESCRIBED HEREIN; THENCE S 09°06'28"E ALONG A LINE LYING 40 FEET EASTERLY AND RUNNING PARALLEL TO SAID PREVIOUSLY DESCRIBED RIGHT-OF-WAY LINE A DISTANCE OF 924.19 TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 2; THENCE S 89°38'20"W ALONG SAID LINE A DISTANCE OF 40.40 FEET TO THE POINT OF BEGINNING; CONTAINING 157,689 SQ.FT. OR 3.6200 ACRES MORE OR LESS. I, CHRISTOPHER H. McELVAIN,A SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS REG/ PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. Qr.'N•ES TtP t0 D. :o z:o CHRISTOPHER H. McELVAIN,PROFESSIONAL LAND SURVEYOR tcP/•,,." 2 COLORADO REGISTRATION NO.36561 FOR AND ON BEHALF OF 411. t 1:O t-� JeHN ENGINEERING,INC.5855 WADSWORTH BYPASS#A-100 ARVADA, CO. 80003 � . um11111111Hmm11111111111111111 III 11111itin 3263098 01/14/2005 11:41A Weld Coonly, CO 4 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder N 'OO 2 " W N89'43'13" E EXHIBIT MAP A 102.07' s 89'40'19" W N89'43'13"E SHEET 2 OF 2 2639.37 W1/4 COR SEC 31 „ 5276.00' FOUND y6 REBAR NORTH LINE OF THE SOUTHWEST QUARTER SECTION 31 E1/4 COR SEC 31 4 COP SEC 36 WITH 2-1/2" A.C. FOUND #6 REBAR C1/4LS 12374, 1993 WITH 3-1/4" ALUM. CAP FOUND #6 REBAR LS 6973, 1997 WITH 3 1/4" ALUM. CAP 30.00' LS 6973, 1996, DN 1.0' N 69'43'13" E 3 W 0, n N 0 n s t — I o CO Lek 0 150 300 ^ O o "1 � 1N N C p W Lo ADDITIONAL RIGHT-OF-WAY 1 INCH = 300 FEET it, 2 ACQUISITION AREA 157.689 S.F. DATE: 3.1.04 c 3m I N PARCEL 23 0 O.N. FC25031290 < I 146931000025 13 ono ALBERT & ANNE SACK _sil ea w m 5100 E. 168TH AVE si THORNTON, CO. 80602 o 150 3 REC. NO. NOT AVAILABLE N - NO SITE ADDRESS eC acO.�e6 N P MEM 3 `. R=2930.40' 0 o 0. Z - L=109.81 =C2 CB=S 08'02'03' E �g cD=to9.ed Op �'= 00 0 4O 60' 0 T as 0p N r¢ r _ r _ �Tf15 y wrc �F R� :. "0 } J'it j UU in yr/7{ry�ma a N e aEl! oz p -.0i1. 111410 . a0V mD a —ao Y poo a Cn EXHIBIT MAP A �� _ a, WELD COUNTY ROAD 13 QQ ` ALBERT & ANNE SACK �i[S`o \40 BO b4 SW 1/4 SEC 31, T.1N., R.67W. 6Th PM, 02 in COUNTY OF WELD, STATE OF COLORADO POINT OF 51/4 COR SEC 31 COMMENCEMENT I FOUND Q6 REBAR ACQUISITION AREA 157,689 S.F. SW CDR SEC 31 WITH 3-1 4 A 51/4 COR SEC 06 REBAR S 89'38'20' W / " ALUM CAP 3.1.04 I DEED DESCRIPTION FOUND N6 REBAR WITH WITH 3-1/4" ALUM �40' 9. LS 230 , 2001 IN R.B. WITH 3-1/4" AL. CAP CAP LS 6973, 1996 pp,/,,�,,/,�.aanF� n4�� POINT OF ci I UN. 1528-03-070.01 3O7O-DD-23 LS 6973, 1996 IN R.B. IN RANGE BOX 'Vitt'V�W LS BEGINNIN WELD t�� S 89'36'06"64' W N89'38'20'E 426.17' UU 0.13 CO.lei I e H N IVY 2645.64' i N89'38'20"E 2640.13' i�'\ VCI 2 Teeth am, SOUTi TINE OF THE SO THWEST QUARTER SECTION 31 �s_ � NOTE: S ON 00'21'40" W =_ ENGINEERING Jae 30. THIS IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT. NO MONUMENTS 00' QD�°,(vA1c� Co.CC'i OO s NM0MISMITINRNA9,M100 DI IN, WERE SET FOR THE PREPARATION OF -. IRAK COMA PH miner AX 107iv1 THE ATTACHED LEGAL IWNIMINENWEIRIELCOM EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Albert F. Sack and Anne V. Sack,whose address is 5100 E. 168`h Avenue, Thornton, Colorado 80602, Grantor and the County of Weld, a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners, whose address is 915 10th Street Greeley, Colorado 80631, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for the relocation of the existing irrigation lateral and driveway culvert, in and to, over, under and across the following described land: SEE EASEMENT EXHIBIT"A" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: 1. Said Temporary Construction Easement shall commence on December 15, 2004, and shall expire and be of no further force or effect on December 31, 2005. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement, the Grantee covenants and agrees to restore said lands to a level comparable to their original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. 5. Grantee will reimburse Grantor the sum of Sixty Five and no/100($65.00) dollars for the execution of this Temporary Construction Easement. 1111111111111111111111111111 1111 VIII 32530 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a'oo5�-.�Yss IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. A ert F. Sack, Owner Anne V. Sack, Owner STATE OF COLORADO ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this /0 IcA day of 1eez .- log , 200'-,by Albert F. Sack and Anne V. Sack, Owners. Witness my hand and official seal. LA/2,c rte^L`7 Notary Public My commission expires: t t.EON W SIEVERS v" ° e° NOTARY PUBLIC $ 40 STATE or COLORADO r4A'sn.v.I4M.I./NNA'.YNN se.4•Ne GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. , ATTEST: Lail COUNTY OF WELD, STATE OF Las COLORADO, GRANTEE 1 � � Uk fay - Deputy C erk to the Board 'A Robert D. Masden, Chairman, Board of (7 .1IL, County Commissioners. DEC 1 3 2004 IIIIII3253 lllll�1\II IIII\111111)11111w111II Il llll III lllll 1111 Ill\ 099 011141 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk&Recorder .DjDD EASEMENT EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION 1528-203-070.01 3070-CE1-23.DOC SHEET 1OF2 A PORTION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, 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 31 BEARS S 00°28'28"E AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2.5"ALUM. CAP, L.S. 12374. -THE SOUTHWEST CORNER OF WHICH BEING A 3.25"ALUM CAP IN RANGE BOX,L.S. 6973. COMMENCING AT SAID WEST QUARTER CORNER OF SECTION 31; THENCE N 89°43'13"E ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 31 A DISTANCE OF 132.07 FEET TO THE POINT OF BEGINNING; THENCE N 89°43'13"E ALONG SAID NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 31 A DISTANCE OF 50.34 FEET; THENCE S 06°57'38"E A DISTANCE OF 34.60 FEET; • THENCE S 83°02'22"W A DISTANCE OF 50.00 FEET; THENCE N 06°57'38"W A DISTANCE OF 40.46 FEET TO THE POINT OF BEGINNING. CONTAINING 1,876 SQ.FT.OR 0.0431 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. $7_,,/teg 7/ - A `0��11 Ito CHRISTOPHER H.McELVAIN, ' 7'.o 36569 2to 00 PROFESSIONAL LAND SURVEYOR t / sto COLORADO REGISTRATION NO.36561 CI' �s / V/V. 'H5 JeHN ENGINEERING,INC.FOR AND ON BEHALF OF ttt 'AL IANO a' 5855 WADSWORTH BYPASS#A-100 ARVADA, CO. 80003 1111111 11111 11111 11111 Nil 11111111II 1111111111 Ill 3253099 01/14/2005 11:41A Weld County, CO 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk 6 Recorder POINT 6 RE ' EXHIBIT VAR A COMMENCEMENT I .I W1/4 COR SEC 31 .I FOUND j6 REBAR WITH 2-1/Y A.C. I LS 12374, 1993 I N.89• '13': E S 69.4019' W `',. `4 32.Gb 50.34__ N89'43'13"E SHEET 2 OF 2 BEGINNING \ 26}9.72' _�-- I $ 06YJ7138• E _-_ 5276.00' --of - POINT OF 34.60' E1/4 COR SEC 31 BAR 01/4 COR SEC 36 S 83'02'22" W FOUND ALUM. CAP FOUND 116 REBAR 50.00' LS 6973 1997 WITH 3 1/4" ALUM. CAP 1 LS 6973, 1996, DN 1.0' 40.46' I N06'57'38'W TEMPORARY CONSTRUCTION EASEMENT 1,876 50. FT. I` Ii ail t Oa;' I 1 _ `s I i1' o i a 13 �I O 1112 z IP o n ,II 0 150 mi.I300 re-7c I = \ w 1 INCH = 300 FEET ,<K 11 DATE: 9.1.04 Q , o I ` \ ' PARCEL 23 , Ism U O.N. FC25031290 ` 146931000025 v mini ,wI�m ;! I ALBERT & ANNE SACK tHw 5100 E. 168TH AVE v 'NIA 1 THORNTON, CO. 80602 NNW O $' I REC. NO. NOT AVAILABLE ____O Ili Ca NO SITE ADDRESS ` Iz, I H '1 R : •A►1 —mc ! 0:1 told/ Ea'3 m I'', i /'' 3.5.1 �f�: 0 m-ew � ll1 i r G j !I o \40\6o 0 11 1/41 • ...' mo j '-o m% I s6 =CM a o LJ lu Q ' . fs 1 O EXHIBIT MAP A ....._____ oz i WELD COUNTY ROAD 13 o m� '$ ALBERT k ANNE SACK cm IS " • la SW 1/4 SEC 31. T.1N., R.67W. 6TH PM, 11 I40 COUNTY OELD, STATE OF COLORADO 60• 40 F W S1/4 COR SEC 31 FOUND 416 REBAR EASEMENT AREA 1876 S.F. SW COR SEC 31 1 WITH 3-1/4" ALUM. CAP 51/4 COR SEC }6 FOUND /6 REBAR , LS 23027, 2001 IN R.B. TEMPORARY CONSTRUCTION EASEMENT FOUND 976 REBAR NM 3-1/4 ALUM '1 WITH 3-1/4" AL CAP CAP LS 6973, 19961 I JN. 1528-03-070.01 I 3070-CE1-23 LS 6973. 1996 IN R.B. IN RANGE BOX [-VCR-2 WELD CO. S 89'36'06" -_-_ _ ____-_. '/1• �\ 2645.64' ------ ---- --- , N69'38 2D r 264013' WCR 2 168th AVE. SOUTHLINE OF THE SIHWEST QUARTER SECTION 31 J e H N NOTE: THIS IS NOT A LAND SURVEY PLAT OR I ADAMS CO. -=`.. : ENGINEERINGJc IMPROVEMENT SURVEY PLAT. NO MONUMENTS 5855 WADSWORTH OVPASS.A-100 0I"gal ARVADA.0000003 WERE SET FOR THE PREPARATION OF PH(303)423.6036 FAX(3031467-9438 THE ATTACHED LEGAL DESCRIPTION. YAW.JEHNENGINEERING COM 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 "PURCHASERS" GREELEY, CO 80634 PROPERTY ADDRESS VACANT LAND SELLER(S) : ALBERT F. SACK AND ANNE V. SACK BUYER(S) : COUNTY OF WELD SETTLEMENT DATE: 12-27-2004 DATE OF PRORATION: 12-27-2004 ITEM DESCRIPTION Debit Credit Contract Sales Price 104,300. 00 Courier Fees 16. 00 Title Ins Premium MORTGAGEES POLICY 327. 00 Tax Certificate 20. 00 Real Estate Closing Fee LAND TITLE 200. 00 Temp Construction Esmn 65. 00 *** SubTotals *** 104, 928. 00 0. 00 Bel Due From Buyer 104, 928. 00 ** TOTALS ** 104, 928. 00 104,928. 00 The above figures do not include sales or use taxes on property. APPROVED AND ACCEPTED PURCHASER(S) : REAL ESTATE BROKER(S) BOARD OF COUN Y COMMISSIONERS/ WELD COUNTY, COLORADO f1 4-cclA4W /02/%./c/ LAND TITLE CLOSING AGENT:I Melinda Gualandri ESCROW NO. : GR25031290 Form No. LTG1 COMMITMENT NO. :FC25031290 ALGno-w PURCHASER FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. FC25031290 Escrow No. GR25031290 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. FC25031290 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 December 27, 2004 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 a nyinaccuracies in the above representations. Owner(s) Forwarding Address:P.O. BOX 758GREELEY, CO 80631 F COUNTY COMMISSIONERS WELD COUNTY, COLORADO STATE OF COLORADO I} COUNTY OF WELD The foregoing instrument was acknowledged before me on this day of December 27, 2004 by BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WITNESS MY HAND AND OFFICIAL SEAT . My Commission —,.pier-"s: LESLIE A.DUBOIS Form AFF.PUR ao/20 NOTARY PUBLIC,STATE OF COLORADO Notary Public MY COMMISSION EXPIRES: MARCH 29,2005 EXHIBIT A DEED DESCRIPTION 1528-203-070.01 3070-DD-23.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, 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 31 BEARS N 00°28'28"W AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2.25"ALUM CAP, L.S. 12374. -THE SOUTHWEST CORNER OF WHICH BEING A 3.25"ALUM CAP IN RANGE BOX,L.S. 6973. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 31; THENCE N 89°38'20"E ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTIONE 31 A DISTANCE OF 426.17 FEET; THENCE N 00°21'40"W,A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 2 AND THE POINT OF BEGINNING; THENCE N 09°06'28"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 2639.53 FEET; THENCE N 00°28'28"W CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 8.62 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 31; THENCE N 89°43'13"E ALONG SAID NORTH LINE A DISTANCE OF 102.07 FEET; THENCE S 06°57'38"E A DISTANCE OF 1605.68 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S 08°02'03"E A DISTANCE OF 109.80 FEET,HAVING A RADIUS OF 2930.00 FEET,A CENTRAL ANGLE OF 02°08'50" AND AN ARC LENGTH OF 109.81 FEET TO A POINT 40 FEET EASTERLY AND PERPENDICULAR TO THE EXISTING RIGHT-OF-WAY LINE PREVIOUSLY DESCRIBED HEREIN; THENCE S 09°06'28"E ALONG A LINE LYING 40 FEET EASTERLY AND RUNNING PARALLEL TO SAID PREVIOUSLY DESCRIBED RIGHT-OF-WAY LINE A DISTANCE OF 924.19 TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 2; THENCE S 89°38'20"W ALONG SAID LINE A DISTANCE OF 40.40 FEET TO THE POINT OF BEGINNING; CONTAINING 157,689 SQ.FT. OR 3.6200 ACRES MORE OR LESS. I, CHRISTOPHER H. McELVAIN,A SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS C'.."-‘01 A'00 RE `C PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. F � '.QNER • , dl�l �•7 -',l eck.%4. of CHRISTOPHER H.McELVAIN,PROFESSIONAL LAND SURVEYOR '; S •. '� COLORADO REGISTRATION NO. 36561 FOR AND ON BEHALF OF 11S L IAN'0 ' �. JeHN ENGINEERING,INC.5855 WADSWORTH BYPASS #A-100 ARVADA, CO. 80003 li 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. T0: LAND TITLE GUARANTEE COMPANY DATE: December 27, 2004 ESCROW NO. GR25031290 TITLE NO. FC25031290 1. ALBERT F. SACK AND ANNE V. SACK SELLER(S) and BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 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: THE SW 1/4 OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO; EXCEPT THOSE PARCELS CONVEYED BY BOOR 280 AT PAGE 257, BOOR 570 RECEPTION NO. 1492245, BOOR 1316 RECEPTION NO. 2268648, BOOR 1294 RECEPTION NO. 2245173. 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 December 10,2004 , 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: Cashier's check at seller's expense. El Funds I transferred (wire transfer) to an account specified by a Seller, at Seller's expense; or ILv71 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 GU NT COMPANY APPROVED AND ACCEPTED on this day of December 27, 2004 . By: Closing Agent SELLER(S) d SSN# P CHASER(S) SSN# lND 1M• RT SACK BOARD 0 Ok AOMMISSTIINERS WELD �) COUNTY, COLORADO llvut4 " ' t��.{� ANNE V. SACK UTILITY AGREEMENT (With Well and Septic System - No Adjustment on Settlement Sheets) At the closing of VACANT LAND (Property Address) on December 27 , 2004 (Date) , by Land Title Guarantee Company, both the Buyer (s) and Seller (s) fully understand that Land Title Guarantee Company DOES NOT notify Qwest Communi- cations/Mountain Bell 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 reading and to give them your forwarding address for the final bill . It is also the Sellers (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 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. FURTHER, Seller acknowledges that there is is not currently a formal or informal homeowners/landowners association which may require periodic assessmenets 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 December 27, 2004 42 eleteti BOARD OCO TUN Y� BUYER ALB ER' ' TF. SACK SELLER COMMISSIONERS WELD COUNTY, COLORADO �rvvu�- L BUYER ANNE V. SACK SELLER BUYER SELLER BUYER SELLER GR25031290 Form 9-G Revised (9/99) 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. ( ) General taxes for the year of closing, based on the most recent levy and the most recent assessment is Figures were obtained by telephone from the County Assessors office and Land Title Guarantee Company assumes no responsibility or any liability in the event the County Assessor misquoted the figures. Any adjustment shall be made between the Buyer(s) and Seller(s) if necessary, and Land Title Guarantee Company, or its underwriter will not make or be responsible for this re-adjustment or any liability in connection therewith. ( X ) 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 or 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 December 27, 2004 BUYER(S) SELLER(S) SO- aei BOARD OF COUNTY COMMISSIONERS WELD ALBERT F. SACK COUNTY, COLORADO (4. Li . t' ANNE V. SACK Form No. NO-ADJUST 1/1/94 11111111111 LIII1111111111X111111 III III1111111 /III DEED OF DEDICATION 3250230 01/06/2005 10:48A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder KNOW ALL MEN BY THESE PRESENTS that Albert F. Sack and Anne V. Sack whose address is 5100 east 168`h Avenue, Thornton, CO 80602, being all of the owners of certain propertyinWeld 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. Albert F. Sack, Owner Anne V. Sack, Owner State of Colorado) ) ss: County of Weld ) 3 The foregoing instrument was acknowledged before me this o40(-- day of December 2004 by Albert F. Sack and Anne V. Sack. Witness my hand and official seal. j Y >,�\\11O410.2—Cr �J' .s(e‘° Notary Public MELINDA '• 1, • F GUALANDRI % My commission expires: I b 17 Ol' tt`nA'••. ;'pet, 11 q� •.. f C N OF My Commission spires: 2024— 3y55 e(-ays-r 1111111 11111 MB 11111 1111111111111111II111111 I I I I I I I I 3250230 01/0612006 10:48A Weld County, CO ACCEPTANCE 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above dedication of property as Public Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). I pt ,�� Et, % Dated this day of December 2004. 1861ttiOW 44g" di ��r�l ( COUNTY OF WELD, A BODY i Lt' w . it O THE BOARD OF COPRORATE AND POLITIC OF O n it-1•1Y COMMISSIONERS THE STATE OF COLORADO _ " - ECOUNTY OF ELD By 4f /vCC By: Deputy Clue Board _--- Robert D. Masden, 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 December 2004 by Robert D. Masden, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. Notary Public My commission expires: LESLIE A.DUBOIS NOTARY PUBLIC,STATE OF COLORADO MY COMMISSION EXPIRES: MARCH 29.2006 EXHIBIT A • DEED DESCRIPTION 1528-203-070.01 3070-DD-23.DOC SHEET 1 OF 2 A PORTION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH,RANGE 67 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 WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 31 BEARS N 00°28'28"W AND MONUMENTED AS FOLLOWS: -THE WEST QUARTER CORNER OF WHICH BEING A 2.25"ALUM CAP, L.S. 12374. -THE SOUTHWEST CORNER OF WHICH BEING A 3.25"ALUM. CAP IN RANGE BOX, L.S. 6973. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 31; THENCE N 89°38'20"E ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTIONE 31 A DISTANCE OF 426.17 FEET; THENCE N 00°21'40"W,A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 13 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 2 AND THE POINT OF BEGINNING; THENCE N 09°06'28"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 A DISTANCE OF 2639.53 FEET; THENCE N 00°28'28"W CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 8.62 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 31; THENCE N 89°43'13"E ALONG SAID NORTH LINE A DISTANCE OF 102.07 FEET; THENCE S 06°57'38"E A DISTANCE OF 1605.68 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS S 08°02'03"E A DISTANCE OF 109.80 FEET,HAVING A RADIUS OF 2930.00 FEET,A CENTRAL ANGLE OF 02°08'50" AND AN ARC LENGTH OF 109.81 FEET TO A POINT 40 FEET EASTERLY AND PERPENDICULAR TO THE EXISTING RIGHT-OF-WAY LINE PREVIOUSLY DESCRIBED HEREIN; THENCE S 09°06'28"E ALONG A LINE LYING 40 FEET EASTERLY AND RUNNING PARALLEL TO SAID PREVIOUSLY DESCRIBED RIGHT-OF-WAY LINE A DISTANCE OF 924.19 TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 2; THENCE S 89°38'20"W ALONG SAID LINE A DISTANCE OF 40.40 FEET TO THE POINT OF BEGINNING; CONTAINING 157,689 SQ.FT.OR 3.6200 ACRES MORE OR LESS. I,CHRISTOPHER H.McELVAIN,A SURVEYOR LICENSED IN THE STATE OF COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS _ao o. O.REG/ ?l� PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. „ . Q R • l� JI, o WtaD: 14 • ** 7757.05' ZS O ,f CHRISTOPHER H. McELVAIN,COLORADO REGISTRATION PROFESSIONAL ATION NO. 3656 FOR AND ON BEHALF OF ,tk11ytr 4�.Np JeHN ENGINEERING,INC.5855 WADSWORTH BYPASS#A-100 ARVADA, CO. 80003 �� . 111110 11111 PION 1111111111111111 MINI IIII IIII 3250230 01/06/2005 10:48A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder N 00 2 • W N 89'43'13• E EXHIBIT MAP A 8. 102.07' ' N69'43'13'E $ SHEET 2 OF 2 2639.32' W1/4 CUR SEC 31 5276.00' FOUND #6 REBAR NORTH LINE OF THE SOUTHWEST QUARTER SECTION 31 E1/4 COR SEC 31 WITH 2-1/2" A . FOUND Q6 REBAR C1/4 COR SEC 36 LS 12374, 1993 WITH 3-1/4' ALUM. CAP FOUND #6 REBAR LS 6973, 1997 WITH 3 1/4' ALUM. CAP 30.00' LS 6973, 1996, DN 1.0' N 69'43'13' E 3 W a, o I oco a a — 1- 0 EN Ip • I 0, F 0 lim.150 300 o^ i e Y u F - C� Gov �o ADDITIONAL RIGHT-OF-WAY 1 INCH = 300 FEET S = '� 1') ACQUISITION AREA 157,689 S.F. DATE: 3.1.04 o a ow m of Ei tn 3 M o I ID PARCEL 23 IS O.N. FC25031290 ISI Q d of I 146931000025 �°�y ALBERT & ANNE SACK o lc 5100 E. 165TH AVE ��co LL THORNTON, CO. 80602 SI�o o REC. NO. NOT AVAILABLE IS00 aNp NO SITE ADDRESS Y A =2'08'50• 0 l.0 0 R=2930.00' mow o Q L=109.81' BCD=S O,2'03• E —Cu Q Op erg 0 P y1 lii1n Nce v cf• w` IF 0 �„ 38561 ':° 00 NIf, ' d 3 c Q Ia 0 •�Zy/�y ,� _ ND '' 4 LA a EXHIBIT MAP A WELD COUNTY ROAD 13 ALBERT & ANNE SACK 40 I'1° 6° sw 1/4 SEC 31, TAN., R.67W. 6TH PM, COUNTY OF WELD, STATE OF COLORADO POINT OF S1/4 COR SEC 31 COMMENCEMENT I FOUND 1 REBAR3 ACQUISITION AREA 157,689 S.F. SW COR SEC 31 . S1/4 COR SEC 36 FOUND #6 REBAR S 89'36'20' w WITH 3-1/4" ALUM CAP LS 23027, 2001 IN R.B. 3.1.04 I DEED DESCRIPTION FOUND #6 REBAR WITH 3-1/4' ALUM. �' _ WITH 3-1/4' AL. CAP CAP LS 697} 1996 M/1 r/i�a'anFo� nnnn POINT OF JN. 1528-03-070.01I 3070-0D-23 LS . 1996 IN R.B. IN RANGE BOX UJCI 2 .....8EGINNIN - JG��DS CO. Ii S 89'36'06" W N89'38'20"E 426.17' yL..�. min NOTE:3 2645.64' N8 9138.20"E THE 26ST QUARTER 3' 1, Y ! \_ e H N_ tvinrr f� cl leWtrh �j�/w SOU LINE OF SO THWEST SECTION 31 :-s- THIS IS NOT A LAND DVySVUlRVEEY PLAT OR N 00'21'40"0' W ala ] CO, _ , — ENGINEERINGJe IMPROVEMENT SURVEY PLAT. NO MONUMENTS .-i�.�G�,, - NA6NADWOMIIMAE6,i41W ARVAKCOM WERE SET FOR THE PREPARATION OF 1H.003)4nalll FM MR 40741311 THE ATTACHED LEGAL DESCRIPTION WAVIJHOWEBINELCOM REAL PROPERTY TRANSFER DECLARATION I 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(11(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. ammamsaammamaL 1. Address and/or legal description of the real property sold: (Please do not use P.O. box numbers) VACANT LAND 2. T pe of property purchased: ❑ Single Family Residential ❑ Townhome Condominium ❑ Multi-Unit Res Commercial E] Industrial E] Agricultural ❑ Mixed Use eX Vacant Land ❑ Other 3. Date of closing: December 27, 2004 Contract date: December 10, 2004 4. Total Sates Price: including all real and personal property. $104,300.00 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 !�uurchase price will be assumed to be for the real property as per 39-13-102, C.R.S. IJ Yes ❑ No If yes, approximate value $ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approx- imate value of the goods or services as of the date of closing. 0 Yes Q No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? 0 Yes Q No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. ED Yes ❑ No If no, interest purchased 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same family, business affiliates, or affiliated corporations. Yes 0 No 9. Check any of the following that apply to the condition of the im rovements at the time of purchase. E] New E] Excellent ❑ Good E] Average E] 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: — 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 © 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 December 27, 2004 . Please designate buyer or seller. /`p\�\1\( �'`1n�"pppl\`��`,1(4�/'--__ Mailing Address Signature of Grantee (Buyer) [ or Grantor (Seller) ❑ BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO P.O. BOX 758, GREELEY, CO 80631 Daytime Phone Form RPT (08/02) FC25031290 GR25031290 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) ALBERT F. SACK BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO _ U. S Qz4 ANNE V. SACK December 27, 2004 December 27, 2004 Date Date Form: DISCLOSURE 25031290 Hello