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HomeMy WebLinkAbout960082.tiff RESOLUTION RE: SALE OF REAL ESTATE TO FLORIDA CIRTECH, INC., AND AUTHORIZATION FOR CHAIR TO SIGN NECESSARY DOCUMENTS 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, Weld County currently owns property located at its north business-industrial park, located southwest of the intersection of 11th Avenue and O Street, and WHEREAS,the property in said business-industrial park was purchased in 1987 with federal funds designated specifically to be used for the purpose of upgrading and developing economically depressed and blighted areas, and WHEREAS, Florida Cirtech, Inc., a Florida corporation, desires to purchase property in the business-industrial park, which property is more specifically described and shown in the attached Exhibit "A", and WHEREAS, Florida Cirtech, Inc., plans to build a building on said property and thereafter to employ persons in the future, and WHEREAS,the Board of County Commissioners deems it desirable to sell said property to Florida Cirtech, Inc., in order to assist in the creation of new jobs in Weld County, Colorado, and WHEREAS, the Board recognizes that sale of said property to Florida Cirtech, Inc., will benefit the citizens of Weld County, Colorado, in other ways, including, but not limited to, the transfer of property from a non-taxable to taxable status and the construction of buildings in an area of Weld County which has been recognized as in need of development, and WHEREAS, said construction will provide additional jobs in the construction industry and permanent jobs which will have an economic benefit to the citizens of Weld County, and WHEREAS, in consideration of the sale of the real estate described in the attached Exhibit "A" to Florida Cirtech, Inc., said corporation will pay the sum of$10.00 and will execute a Note and Deed of Trust in favor of Weld County for a period of five years with a declining annual balance in order to secure the continued operation of Florida Cirtech, Inc., at that location, and WHEREAS, the Board of County Commissioners now deems it advisable to authorize and approve the sale of the real estate described in the attached Exhibit "A" to Florida Cirtech, Inc., for the consideration as described in the agreement for such sale. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the sale of the real estate described in the attached Exhibit "A" is hereby authorized and approved for the consideration as described in the agreement for such sale which has been presented to the Board. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any and all necessary documents to effectuate the sale. ; O/9 C/k'/'LC./7 960082 PR0013 RE: SALE OF REAL ESTATE TO FLORIDA CIRTECH, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of January, A.D., 1996, nunc pro tune January 17, 1996. BOARD OF COUNTY COMMISSIONERS A:1%C IL,/7_,A ,,A WED COUNTY, COLCf v Ma?hr� ,# I H ,�;1; Barbara J. Kirkmeyer, �S I�,,' ,,,t1r1'lel ty Clerk to the Board l e F, t ' / y� 7 { u� �)tt .7 ,c�� orgeEBaxter, Pr -Te Deputy Cle the Board Dale K. Hall {{, � APP E TO FORM: i,liw� ci - �C�. , ,/ Constance L. Harbert C +it Attorney ! : / // j i .i , .� W. H. Webster 960082 PR0013 ARAR2473207 AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE THIS AGREEMENT is made this 17th day of January, 1996, by and between the County of Weld, a body corporate and politic in the State of Colorado, by and through the Board of County Commissioners of Weld County, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Seller," and Florida Cirtech, Inc., a Florida corporation, whose address is 5115 Brandis Circle South, Sarasota, Florida 34243, hereinafter referred to as "Purchaser." WITNESSETH: That in consideration of the payment by the Purchaser to the Seller of the sum of$10.00 and in consideration of the mutual promises and covenants contained herein, Seller agrees to sell to the Purchaser and Purchaser agrees to purchase from the Seller the real property which is described and shown in the attached Exhibit "A", hereinafter referred to as the "Parcel." The agreement of sale and purchase of the Parcel is subject to the following conditions: 1. Seller shall furnish to Purchaser a Special Warranty Deed for the Parcel. Title insurance, if requested by Purchaser, shall be paid for by Purchaser. 2. Seller and Purchaser agree that the current market value for the Parcel is $70,872.12, based upon a figure of $.50 per square foot for 3.254 acres of real property. Consideration for the sale of the Parcel by Seller to Purchaser shall be $10, unless any one of the following events occurs prior to January 17, 2001, in which instance the Purchaser shall pay to the Seller that balance of the current market value ($70,872.12) declining on an equal basis over five (5) years, according to the schedule shown in the attached Exhibit "B": a. Sale or other transfer of the parcel by Purchaser, including an option to purchase exercisable at any time prior to January 17, 2001. b. Purchaser fails to continuously occupy to and until January 17, 2001, the parcel for the purpose of conducting the business known as "Florida Cirtech, Inc." Purchaser agrees to execute a Note and Deed of Trust which shall secure the current market value($70,872.12) and the declining balances thereof over five years. 3. Title for the Parcel shall be merchantable in Seller. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient Special Warranty Deed Page 1 of 3 Pages 2473267 8-1528 P-1026 01/25/96 01:10P PG 1 OF 6 REC DOC Weld County CO Clerk & Recorder 0.00 960082 for the Parcel to Purchaser on a date certain set by mutual agreement between Seller and Purchaser, conveying the Parcel free and clear of all taxes and free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether assessed or not; free and clear of all liens and encumbrances, except those stated and set forth in paragraph 2, above; and subject to all applicable building and zoning regulations. 4. Purchaser shall be responsible for the payment of all property taxes for the year 1996, and each year thereafter, beginning on the date of delivery of deed. 5. The date of closing shall be the date of delivery of deed as provided in paragraph 3, above. The hour and place of closing shall be designated by mutual agreement between Seller and Purchaser. 6. Time is of the essence hereof. 7. Possession of the Parcel shall be delivered to Purchaser upon closing and shall not be subject to any leases or tenancies. 8. Seller represents and warrants as of the day hereof and as of the date of the closing that neither the execution of this contract nor the consummation of the transaction provided for herein constitutes, or will result in, any breach of any of the terms, conditions, or provisions, or constitute a default under any indenture, charter, bylaw, mortgage, loan agreement, lien, lease, license,judgment, decree, order, instrument, or other verbal or written agreement to which the Seller is a party of or which the property is subject to, except as provided for herein. 9. All of the conditions, promises, and covenants stated herein shall be in full force and effect, notwithstanding the conveyance of the Parcel by Special Warranty Deed as outlined in paragraph 3, above, or the execution of the Note and Deed of Trust as outlined in paragraph 2, above, and shall not merge with the Special Warranty Deed, Note, and Deed of Trust. 10. Purchaser agrees to pay for the cost of obtaining title insurance for the Parcel and any and all taps for utilities extending from the street to the Parcel. Such utilities include, but are not limited to, the following: water, sewer, electricity, gas, and telephone. 11. This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. Page 2 of 3 Pages 2473267 B-1528 P-1026 01/25/96 01:10P PG 2 OF 6 960082 IN WITNESS WHEREOF, the parties hereto have subscribed their names this 17th day of January, 1996. SELLER: �0 �� COUNTY OF WELD, A BODY 1\ //i'e''/ CORPORA 1'h AND POLITIC OF THE STA 1h OF COLORADO,BY AND THROUGH THE BOARD BOARD OF COUNTY COMMISSIONERS a "`E?ir' ` " OF WELD COUNTY, COLORADO ibt ` in 01) . eputy Cl r ByIi A� Barbara J. Kirkmeyehair O/o PURCHA ATTEST: FLO/ID CI CH, INC( BY: BY: ,Corporate Secretary icheal cimeca, President • (Corporate Seal) florida.btb 2473267 B-1528 P-1026 01/25/96 01:10P PG 3 OF 6 Page 3 of 3 Pages 960082 LEGAL DESCRIPTION A part of Tract "D" Weld County Business Park P.U.D. a subdivision within the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of. Section 31 , Township 6 North, Range 65 West of the 6th Principal Meridian, and considering the East line of the Northeast Quarter (NE1\4) to bear South 00' 00' 00" West, to the East Quarter (E1\4) Corner of said Section 31, with all bearings contained herein being relative thereto; thence South 00' 00' 00" West along the East line of the Northeast Quarter (NE1\4) , a distance of 850.00 feet to the Centerline of "M" Street; thence along said Centerline of "M" Street the following ( 3) courses and distances, ( 1) South 90' 00' 00" West, a distance of 80 . 00 feet; (2) thence along a curve to the left having a radius of 500. 00 feet, a central angle of 33` 00' 00" an arc distance of 287 .98 feet, the long chord of which bears South 73° 30' 00" West, a distance of 284 .02 feet; ( 3 ) thence South 57' 00' 00" West, a distance of 440 .00 feet to a point on the Centerline of 17th Avenue; thence along said Centerline, North 33' 00' 00" West, a distance of 82 . 26 feet; thence leaving the Centerline of 17th Avenue, South 57' 00' 00" West, a distance of 40.00 feet to a point on the South Right-of-Way line of 17th Avenue, also being the Southeast Corner of Rubadue Wire Company property and the True Point of Beginning; thence along said Right-of-Way line, South 33' 00' 00" East, a distance of 200.00 feet; thence leaving said Right-of-Way line, South 57� 00' 00" West, a distance of 708 .77 feet to the Westerly line of Tract "D" ; thence along the said Westerly line, North 33 00 ' 00" West, a distance of 200.00 feet, to the Southwest Corner of Rubadue Wire Company Property; thence leaving the Westerly line of Tract "D" along the South line of Rubadue Wire Company Property, North 57" 00' 00" East, a distance of 708 . 77 feet, to the South Right-of-Way line of 17th Avenue also being the Easterly line of Tract "D" and the True point of Beginning. Said Parcel of land contains 3 . 254 acres, more or less, and is subject to any Rights-of-Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. Legal Descrriiptioon� Prepared /f by: Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 31 , 1995 2473267 B-1528 P-1026 01/25/96 01:10P PG 4 OF 6 EXHIBIT "A" 960082 NE COR. SEC. 31, T.6N., R.65W. O(3 J9 O O OO O (3 SCALE: 1 = 100' 40 7 // // Et" EAST 1 4 CORNER SEC. 31, T.5N., R.65W. L = 33'00'00" p--__ R = 50(100' _� A = 287.98' E C = 284.02' i 1 (CB = S 73'30'00" W 1 I 1 A: c 0 o oI0 hR 40' 40' - 17TH AVENUE b "H" STREET N 33'00'00'. W S 5700'00" w H 82.26'-J b 40.00' �1 v 1 S 33'00'00' E 200.00' 10' ESM'T. / T.P.O.B. TRACT " D" 4. 6 ,O m O O P.v �C O �nx 3 gyp, ,_P 2 * Q' • o v o o O pa o eF Ln QQF- �• u-) tn P TRACT " D" z -- _ N 33'00'00" W 200.00' , 2473267 8-1528 P-1026 01/25/96 01:10P PG 5 OF 6 93080\WCBP-D2P . MAY 31, 1995 5:03:45pm KLH ENGINEERING GROUP WELD COUNTY BUSINESS PARK P.U.D. GREELEY, COLORADO (970)351 -0550 A PART OF TRACT "D" 960082 EXHIBIT "B" Year 1 $70,872.12 Year 2 56,697.70 Year 3 42,523.28 Year 4 28,348.86 Year 5 14,174.42 Year 6 -0- 2473267 8-1528 P-1026 01/25/96 01:10P PG 6 OF 6 960082 a az a 732 ev PROMISSORY NOTE WITH PROVISION FOR FORGIVENESS $ 70,872.12 Greeley, Colorado January 17, 1996 The undersigned, Florida Cirtech, Inc., a Florida corporation, hereinafter referred to as "Maker", hereby promises to pay to the order of the County of Weld, State of Colorado, by and through the Board of County Commissioners of County of Weld,the sum of$70,872.12, to be repaid without interest in five equal annual installments, due and payable commencing one year from the making of this Note, and continuing each year thereafter until full and final payment is made. Each annual payment will be excused if, and only if, on the anniversary date,the maker is the legal and equitable owner of and occupant of the real estate described and shown in the attached Exhibit "A" (hereinafter referred to as "the real estate"), for the purpose of conducting the business known as "Florida Cirtech, Inc.", and has been continuously the owner and occupant throughout the proceeding 365 days. The principal balance shall be reduced by the amount of any excused payment. Notwithstanding the forgoing provision,if the Maker ceases to occupy the real estate,for the purpose of conducting the business known as "Florida Cirtech, Inc.", or if the real estate is the subject of a "prohibited" transfer, as defined herein, at any time before January 17, 2001, the entire balance of this Note shall become due and payable immediately. For purposes of this Note, a "prohibited" transfer includes the sale or other transaction involving the conveyance of the legal or equitable title or interest to the real estate, effective immediately or effective at a future date, and includes an option to purchase exercisable at any time before January 17, 2001. A "prohibited" transfer does not include: 1. The creation of a lien or incumbrance subordinate to the Deed of Trust securing this Note; 2. The transfer of title by devise or descent, or by operation of law upon the death of a joint tenant; or 3. A sale or other transfer to which the Board of County Commissioners of the County of Weld consents to in writing. Notwithstanding any other provision of this paragraph, said Board of County Commissioners shall have no right to declare a default if the County of Weld, State of Colorado and the transferee mutually agree in writing to the assumption of the indebtedness by the transferee. This Note shall be subordinate to the Deed of Trust and Promissory Note for the first mortgage on the real estate described with the first mortgagee being Bank One of Greeley or any transferee of said first mortgage. The Maker hereby acknowledges that the County of Weld, State of Colorado, by and through the Page 1 of 2 Pages 2473269 B-1528 P-1028 01/25/96 01:18P PG 1 OF 4 REC DOC Weld County CO Clerk & Recorder 0.00 960082 Board of County Commissioners of County of Weld has transferred to it the real estate with current market value as of the date of the signing of this Note in the amount shown above, for the purpose of the development of a business located on said real estate, and that one of the conditions for forgiveness of this Note is that the undersigned continues to own and occupy the real estate, for the purpose of conducting the business known as Florida Cirtech, Inc., for at least five years from the date of the Note. The undersigned further acknowledges that one of the purposes of this Note and the Deed of Trust given to secure it is to assure compliance with that condition. The undersigned further acknowledges that the transfer of the hereinafter described real estate to it constitutes sufficient and adequate consideration for this Note. The indebtedness evidenced by this Note is secured by a Deed of Trust, dated January 17, 1996 and, until released, said Deed of Trust contains additional rights of the noteholder. The real estate subject to this Note and the Deed of Trust securing it is identified as follows: The real property described and shown in the attached Exhibit "A". ATTEST: FLORIDA IR , C Florida c(rporati n, KER 11/6„, By. , Corporate Secretary heal S , resident 0 (Corporaie Seal) . '1 ,, 'Jn tbrinot.btb 2473269 8-1528 P-1028 01/25/96 01:18P PG 2 OF 4 Page 2 of 2 Pages 960092 LEGAL DESCRIPTION A part of Tract "D" Weld County Business Park P.U.D. a subdivision within the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31 , Township 6 North, Range 65 West of the 6th Principal Meridian, and considering the East line of the Northeast Quarter (NE1\4) to bear South 00' 00' 00" West, to the East Quarter (El\4 ) Corner of said Section 31 , with all bearings contained herein being relative thereto; thence South 00° 00' 00" West along the East line of the Northeast Quarter (NE1\4 ) , a distance of 850.00 feet to the Centerline of "M" Street; thence along said Centerline of "M" Street the following ( 3) courses and distances, ( 1) South 90' 00' 00" West, a distance of 80 . 00 feet; ( 2 ) thence along a curve to the left having a radius of 500.00 feet, a central angle of 33° 00' 00" an arc distance of 287. 98 feet, the long chord of which bears South 73 ° 30' 00" West, a distance of 284 .02 feet; ( 3) thence South 57° 00' 00" West, a distance of 440 . 00 feet to a point on the Centerline of 17th Avenue; thence along said Centerline, North 33' 00' 00" West, a distance of 82 . 26 feet; thence leaving the Centerline of 17th Avenue , South 57° 00' 00" West, a distance of 40.00 feet to a point on the South Right-of-Way line of 17th Avenue, also being the Southeast Corner of Rubadue Wire Company property and the True Point of Beginning; thence along said Right-of-Way line, South 33° 00' 00" East, a distance of 200. 00 feet; thence leaving said Right-of-Way line, South 57° 00' 00" West, a distance of 708 . 77 feet to the Westerly line of Tract "D" ; thence along the said Westerly line, North 33 00' 00" West, a distance of 200.00 feet, to the Southwest Corner of Rubadue Wire Company Property; thence leaving the Westerly line of Tract "D" along the South line of Rubadue Wire Company Property, North 57° 00' 00" East , a distance of 708 . 77 feet, to the South Right-of-Way line of 17th Avenue also being the Easterly line of Tract "D" and the True point of Beginning. Said Parcel of land contains 3 . 254 acres, more or less , and is subject to any Rights-of-Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. Legal Description Prepared by: 2- 97/ Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 31 , 1995 2473269 B-1528 P-1028 01/25/96 01:18P PG 3 OF 4 EXHIBIT "A" p 960082 � NE COB SEC. 31, l ' T.6N., R_65WE. Ca, ° --E,„..„ ,„?/' o°/oo �9- SCALE: = 100' �i 4�,/ �\ 7 / /7 q�F N. // C E- i / / EAST 1 4 CORNER — SEC. 31, T.5N., R.65W. 'c'E,\ / 1 D = 33'00'00" cp-_____ / / R = 500.00' —� A = 287.98' I I I C = 284.02' C8 = 5 73'30'00" W II ( I i II I . oIO O O o .f. N v ii-,I 40' I40' ;\ J 17TH AVENUE c H STREET N 33•me.^0,. w S 5T00'0C" W ti 82.26 5 40.00' EEL"? r 5 33'00'00" 5 200.00' 10' ESM'T. / T.P.O.B. TRACT " D" ciacR o o P '° G cP<64 03- 3 `,\ pc'' o wP TRACT "D" 2 z z 2C' ESM— / / .11 N 3$r.C,,CQ'. W 2CC00' 2473269 B-1528 P-1028 01/25/96 01:18P PG 4 OF 4 )80\WCBP-D2P MAY 31, 1995 5:03:45pm KLH ENGINEERING GROUP WELD COUNTY BUSINESS PARK P.U.D. GREELEY, COLORADO (970)351 -0550 A PART OF TRACT "D" 960082 A1424732'10 DEED OF TRUST THIS DEED OF TRUST,dated January , 1996,between Florida Cirtech,Inc.,a Florida corporation,the grantor herein, whose address is 5115 Brandis Circle South,Sarasota,Florida 34243,and the PUBLIC TRUSTEE of the County or City and County in which the property described below is situated, in the State of Colorado, Witness: The grantor,to secure a promissory note or notes,hereinafter referred to in the singular,dated January , 1996,for the total principal sum of$70,872.12 dollars,payable to the order of the County of Weld,State of Colorado,by and through the Board of County Commissioners of County of Weld,the beneficiary herein,whose address is 915 Tenth Street,Greeley,Colorado 80631,after the date thereof,with no interest thereon and subject to the provisions and conditions for forgiveness as set forth in said promissory note,does hereby grant and convey unto said Public Trustee the following described property,situate in the County of Weld, State of Colorado, to wit: The real property described and shown in the attached Exhibit"A." also known by street and number as 1309 North 17th Avenue,Greeley,Colorado 80631. TO HAVE AND TO HOLD the same together with all its appurtenances,in trust nevertheless,that in case of default in the payment of said note or any part thereof,or in the performance of any covenants hereinafter set forth,then upon the beneficiary(note holder)filing notice of election and demand for sale,said Public Trustee,after advertising notice of said sale weekly, for not less than four weeks, in some newspaper of general circulation in said county,shall sell said property in the manner provided by law in effect at the time of filing said notice and demand,at public auction for cash,at any proper place designated in the notice of sale. Out of the proceeds of said sale said Trustee shall retain or pay first all fees,charges and costs and all moneys advanced for taxes,insurance and assessments,or on any prior encumbrance,with interest thereon,and pay the principal then due on said note,rendering the overplus(if any)unto the grantor;and after the expiration of the time of redemption,said Trustee shall execute and deliver to the purchaser a deed to the property sold. The beneficiary may purchase said property or any part thereof at such sale. The grantor covenants that at the time of delivery of these presents,he is seized of said property in fee simple,and that said property is free of encumbrances,except the promissory note and deed of trust securing the same in favor of Bank One,Greeley. The grantor also covenants that he will keep all buildings insured with a company approved by the beneficiary for fire and extended coverage in an amount equal to the unpaid balance of said note with loss payable to the beneficiary,will deliver a copy of the policy to the beneficiary,and will pay all taxes and assessments against said property and amounts due on prior encumbrances. If grantor shall fail to pay insurance premiums,taxes,or amounts due on prior encumbrance,the beneficiary may pay the same and all amounts shall become additional indebtedness due hereunder,and in case of foreclosure,he will pay an attorneys fees incurred by the beneficiary. Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property,the grantor agrees that all court costs and a reasonable attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder,and the grantor does hereby release and waive all claims in said property as a homestead exemption or other exemption now or hereafter provided by law. It is agreed that in case of default in payment of said principal or a breach of any of the covenants herein,then said principal sum hereby secured may at the option of the beneficiary become due and payable at once,anything in said note to the contrary not withstanding and possession of said property will thereupon be delivered to the beneficiary,and on failure to deliver such possession the beneficiary shall be entitled to a receiver for said property,who may be appointed by any court of competent jurisdiction. Whenever used herein the singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. All of the covenants herein shall be binding upon the respective heirs,personal representatives,successors,and assigns of the parties hereto. Executed the day and year first above written. —� ATTEST: F RID CIRT CH, orida Corporation 4 ,Corporate Secretary Micheal Scimeca,Presi ent STATE OF FLORIDA ) l County of ►itti-ct cc ) ss. The foregoing instrument was acknowledged before me this /a day of January, 1996, by Micheal Scimeca,President, FLORIDA CIRTECH,INC.,a Florida Corporation. My Commission expires D e.}•1J e- , 19 S 9. Witness my hand d ficial seal. 1 t)� lit) JLc_ CELE'E.WATSON Iry I + �'A MY COMMISSION M CG 390 Notary Public '«i • October 15, C, Prw ThNNUtl1NP underxrnrs 7 6 . ,8',1 /,3`16 .Qrode. 1, se/ �r:.� .`.: Address 3Li 20 *If in Denver,insert"City and." WHEN RECORDED RETURN TO: Bruce T.Barker Weld County Attorney P.O.Box 1948 Greeley,Colorado£2473270 B-1528 P-1029 01/25/96 01:22P PG 1 OF 3 REC D0C Weld County CO Clerk & Recorder 0.00 _ I 960082 LEGAL DESCRIPTION A part of Tract "D" Weld County Business Park P.U.D. a subdivision within the City of Greeley, County of Weld, State of Colorado, more particularly described as follows : Commencing at the Northeast Corner of Section 31 , Township 6 North, Range 65 West of the 6th Principal Meridian, and considering the East line of the Northeast Quarter (NE1\4 ) to bear South 00° 00' 00" West, to the East Quarter (El\4) Corner of said Section 31 , with all bearings contained herein being relative thereto; thence South 00° 00' 00" West along the East line of the Northeast Quarter (NE1\4) , a distance of 850 .00 feet to the Centerline of "M" Street; thence along said Centerline of "M" Street the following (3) courses and distances, ( 1) South 90° 00' 00" West, a distance of 80 . 00 feet; (2) thence along a curve to the left having a radius of 500 .00 feet, a central angle of 33° 00' 00" an arc distance of 287 . 98 feet, the long chord of which bears South 73° 30' 00" West, a distance of 284.02 feet; (3 ) thence South 57° 00' 00" West, a distance of 440.00 feet to a point on the Centerline of 17th Avenue; thence along said Centerline, North 33° 00' 00" West, a distance of 82 . 26 feet; thence leaving the Centerline of 17th Avenue, South 57° 00' 00" West, a distance of 40.00 feet to a point on the South Right-of-Way line of 17th Avenue, also being the Southeast Corner of Rubadue Wire Company property and the True Point of Beginning; thence along said Right-of-Way line, South 33° 00' 00" East, a distance of 200.00 feet; thence leaving said Right-of-Way line, South 57° 00' 00" West, a distance of 708.77 feet to the Westerly line of Tract "D" ; thence along the said Westerly line, North 33 00' 00" West, a distance of 200.00 feet, to the Southwest Corner of Rubadue Wire Company Property; thence leaving the Westerly line of Tract "D" along the South line of Rubadue Wire Company Property, North 57° 00' 00" East, a distance of 708.77 feet, to the South Right-of-Way line of 17th Avenue also being the Easterly line of Tract "D" and the True point of Beginning. Said Parcel of land contains 3 . 254 acres, more or less, and is subject to any Rights-of-Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. Legal Description Prepared by: Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 31 , 1995 2473270 B-1528 P-1029 01/25/96 01:22P PG 2 OF 3 EXHIBIT "A" 9660!)2 NE COR. SEC. 31, \\ \ ty T.6N., R.65W. �� 8S0 S 00. 00. T. X000„ IP >� \ 3 ?S p. `j9• N, .OE pp N. �p 0p. SCALE: 1 " = 100' / Ro`. N �/ � �F // / // \\ • / LH./ / EAST 1 4 CORNER SEC. 31, T.5N., R.65W_ 1 LO 7A = 33'00'00" / (A / R = 500.00' 7 � A = 287.98' tic / i� C = 284.02' U8 E 73'30'00" W O O 0 a P 6- NR 40' 4O' 17TH AVENUE o "H" STREET N 33'00'00" W _a S 5700'00" w ti 82.26'---/ a 40.00' h D 33'JC'00" E 200.00' 10 ESM'T. T.P.O B. TRACT " D" r n r0 a' p y -N` LPG 3 ,P cP G' < o �F P o �D c �`eP� o q\'-'s- L o P N P / TRACT "D" 20' ESM'T N 33'00'00" W 200.00' 2473270 B-1528 P-1029 01/25/96 01:22P PG 3 OF 3 93080\WCBP-D2P MAY 31, 1995 5:03:45pm KLH ENGINEERING GROUP WELD COUNTY BUSINESS PARK P.U.D. GREELEY, COLORADO (970)351 -0550 A PART OF TRACT "D" 960082 AR2473268 SPECIAL WARRANTY DEED THIS DEED, Made this 17tttlay of January, 1996,between the County of Weld, a body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, grantor(s), and whose legal address is 915 10th Street, Greeley, Colorado 80631, and Florida Cirtech, Inc., a Florida corporation, whose address is 5115 Brandis Circle South, Sarasota, Florida 34243, grantee(s): WITNESSETH,That the grantor(s), for and in consideration of the sum of ten DOLLARS ($10.00),the receipt and sufficiency of which is hereby acknowledged,has granted,bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), its heirs and assigns forever, all the real property, together with improvements, in any, statute, lying and being in the County of Weld, State of Colorado,to wit: The real property described and shown in the attached Exhibit"A." also known by street and number as 1309 North 17th Avenue, Greeley, Colorado 80631. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s)either in law or equity,of, in and to the above bargained premises with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), its heirs and assigns forever. The grantor(s) for itself, its heirs and personal representatives or successors, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee(s), its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). IN WITNESS WHEREOF,the grantor(s)has executed this deed on the date set forth above. COUNTY OF WELD, a body corporate and politic of the STATE OF COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF IE lt ��r m I WELD y" Y./Lk 037/22/96 Deputy Cle to Board Barbara J. Kirkmeyer, Chair STATE OF COLORADO County of Weld )ss. The forgoing instrument was acknowledged before me this 17th day of January, 1996,by Barbara J. Kirkmeyer, Chair, Board of County Commissioners of the County of Weld, a body corporate and politic of the State of Colorado. \'\\\y Witness my hand and official seal. = My commission expires le ' 4 •a, tt . 2473268 B-1528 P-1027 01/25/96 01:17P PG 1 OF 3 REC DOC Weld County CO Clerk & Recorder 0.00 960082 LEGAL DESCRIPTION A part of Tract "D" Weld County Business Park P.U.D. a subdivision within the City of Greeley, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast Corner of Section 31, Township 6 North, Range 65 West of the 6th Principal Meridian, and considering the East line of the Northeast Quarter (NE1\4) to bear South 00° 00' 00" West, to the East Quarter (E1\4) Corner of said Section 31, with all bearings contained herein being relative thereto; thence South 00° 00' 00" West along the East line of the Northeast Quarter (NE1\4) , a distance of 850.00 feet to the Centerline of "M" Street; thence along said Centerline of "M" Street the following (3 ) courses and distances, (1) South 90° 00' 00" West, a distance of 80. 00 feet; (2) thence along a curve to the left having a radius of 500.00 feet, a central angle of 33° 00' 00" an arc distance of 287.98 feet, the long chord of which bears South 73° 30' 00" West, a distance of 284 .02 feet; ( 3) thence South 57° 00' 00" West, a distance of 440. 00 feet to a point on the Centerline of 17th Avenue; thence along said Centerline, North 33° 00' 00" West, a distance of 82.26 feet; thence leaving the Centerline of 17th Avenue, South 57° 00' 00" West, a distance of 40.00 feet to a point on the South Right-of-Way line of 17th Avenue, also being the Southeast Corner of Rubadue Wire Company property and the True Point of Beginning; thence along said Right-of-Way line, South 33° 00' 00" East, a distance of 200.00 feet; thence leaving said Right-of-Way line, South 57° 00' 00" West, a distance of 708.77 feet to the Westerly line of Tract "D" ; thence along the said Westerly line, North 33 00' 00" West, a distance of 200.00 feet, to the Southwest Corner of Rubadue Wire Company Property; thence leaving the Westerly line of Tract "D" along the South line of Rubadue Wire Company Property, North 57° 00' 00" East, a distance of 708. 77 feet, to the South Right-of-Way line of 17th Avenue also being the Easterly line of Tract "D" and the True point of Beginning. Said Parcel of land contains 3 .254 acres, more or less, and is subject to any Rights-of-Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. Legal Description Prepared by: .140d- %�/ R Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 31 , 1995 2473268 8-1528 P-1027 01/25/96 01:17P PG 2 OF 3 EXHIBIT "A" 960052 NE C0R. SEC. 31, T.6N., R.65W. oo„ Ik j,c \ 3 2S9J N J9• o° N .(9 \ y SCALE: 1 " = 100' / 'oy o ITy \ N. / / / - //1/ (4•N .N.N.,,N..., / Ltus / N. EAST 1 4 CORNER ' f_ SEC. 31, T.5N., R.65W. \ O) A = 33'00'00" R = 500.00' I A = 287.98' C = 284.02' CB = S 73'30'00" W oO 0 o p o a a to NI 40' 40' 2 \ 17TH AVENUE N 33'00'00' W o "H" STREET S 57'00'00' w ^' 82.26' b a 40.00' ' S 33'00'00' E 200.00' 10' ESM'T.-' T.P.O.B. TRACT "D" h P r •O m o cPO�ca- N '`Q'PPG o 4 0 <( n o'1/4 0 Dx o 1,%QpQ' h h ,� ep P OQ 4)• to 1n P /TRACT "D" r20' ESM'T / N 33'00'00" W 200.00' 2473268 B-1528 P-1027 01/25/96 01:17P PG 3 OF 3 93080\WCBP-D2P MAY 31, 1995 5:03:45pm KLH ENGINEERING GROUP WELD COUNTY BUSINESS PARK P.U.D. GREELEY, COLORADO (970)351 -0550 A PART OF TRACT "D" 960082 Hello